Michigan is a "no fault" divorce state. This simply means that a person seeking a divorce does not have to prove that the other party is at fault for the breakdown of the marriage. The only statutory requirement is that one party must be able to allege that the marriage relationship has broken down and there is no likelihood of reconciliation. Note, that only one spouse needs to believe the marriage is over in order for the court to grant the divorce.

The issues to be decided in a divorce action include: property division (real estate, personal property, business interests, educational degrees, retirement accounts, investment accounts); payment of debts; spousal support; payment of attorney fees; and if there are minor children then custody, parenting time and child support.

In order to initiate a divorce action, a complaint for divorce must be filed with the Circuit Court in the county where one of the parties resides. Once the complaint has been filed, the court issues a summons which allows the other party to be served with the complaint for divorce and any other initial pleadings or orders.

The spouse filing the complaint is known as the plaintiff and the spouse who is served with divorce documents is the defendant. After the defendant is served, he or she has a specific period of time to respond. If the defendant fails to respond within the time allotted, then the defendant can be put into default and the case will proceed without his or her input.
The process varies slightly for divorce with children versus divorce without children.

There is a 180 day waiting period to finalize a divorce with children. This waiting period can be waived under certain circumstances. Parties involved in a divorce without minor children can be divorced 60 days after date of filing, so long as the parties have reached a settlement. The process also varies slightly from county to county. However, every court will set dates by which the parties and their attorneys must accomplish certain things.

There is a period called "discovery" when the parties exchange information in writing or by conducting depositions and issuing subpoenas. After the issues in the case have been identified and the information has been gathered, the settlement negotiations begin.

The vast majority of divorce cases settle without much court intervention. However, if settlement is not likely, the court will order mediation whereby the parties appear before a neutral and experienced family law practitioner who will attempt to facilitate a settlement. If this fails then the case will proceed to a trial where both parties will present testimony and the judge will decide all disputed issues.
The most important part of the process is the initial meeting with an attorney for strategic planning. A divorce is more likely to proceed smoothly if the client and the attorney have a clear understanding of the goals and expectations relating to the divorce process.