Top Mistakes to Avoid During a Michigan Divorce

Going through a divorce in Michigan is one of the most stressful and emotional experiences a person can face. Unfortunately, many people make critical mistakes that cost them valuable time, money, and even custody rights. As a divorce lawyer in Allegan County, I’ve seen firsthand how avoiding these mistakes can make a major difference in protecting your future.

Therefore, in this article, we’ll highlight the top Michigan divorce mistakes and explain how to avoid them so you can move forward with confidence.

1. Not Hiring an Attorney Early Enough

Many people think they can save money by handling their divorce on their own. However, without legal guidance, you may agree to terms that put you at a disadvantage for years. Michigan divorce laws are complex, and mistakes in the early stages can follow you long after your case ends.

In fact, an experienced Michigan divorce attorney can help you understand your rights, negotiate fair settlements, and represent you in court if necessary. Moreover, even if your divorce seems “simple,” having an attorney review your agreements can prevent costly errors. As a result, you gain peace of mind knowing your future is protected.

Learn more about our Family Law services

2. Hiding Assets or Withholding Information

Some spouses think they can hide bank accounts, retirement funds, or property. In Michigan, this is a huge mistake. Courts require full financial disclosure, and hiding assets can result in penalties, attorney fee awards, or an unfavorable ruling.

Judges expect honesty. Once you lose credibility, it can damage every part of your case, from property division to custody decisions. Therefore, transparency, even when uncomfortable, is always better than risking sanctions.

3. Using Children as Leverage

One of the most damaging divorce mistakes in Michigan is involving children in disputes. Judges in Michigan make custody decisions based on the best interests of the child (see Michigan Legislature on custody laws). Using children as bargaining chips, withholding parenting time, or speaking negatively about the other parent in front of them can hurt your custody case.

Above all, focus on cooperation. Developing a parenting plan that prioritizes stability, education, and emotional health will not only help your children but also strengthen your position in court.

4. Ignoring Court Deadlines and Documents

Michigan courts require specific forms, financial statements, and parenting plans. Missing a deadline or failing to file a document properly can delay your divorce or hurt your case.

For example, a missed deadline could result in a default judgment, where the court grants your spouse’s requests without your input. A local divorce lawyer ensures documents are filed correctly and on time.

5. Letting Emotions Drive Decisions

Divorce is emotional, but letting anger or resentment control your choices is one of the biggest divorce mistakes in Michigan. Decisions about custody, property division, and spousal support should be made strategically with the future in mind.

Practical steps to keep emotions in check:

• Avoid venting on social media (posts can be used against you).
• Keep communication with your spouse professional.
• Consider counseling, support groups, or trusted friends for emotional support.

By keeping emotions separate from legal strategy, you increase your chances of a fair outcome.

6. Not Considering Mediation

Mediation often helps divorcing couples save time and money while keeping more control over the outcome. A mediator is a neutral third party who can help you and your spouse reach agreements on custody, support, and property without a costly trial.

Mediation also reduces hostility, which is especially important when children are involved. Parents who resolve disputes peacefully often find co-parenting easier in the years after divorce.

Read more about our Divorce Mediation services.

7. Overlooking Long-Term Financial Planning

Many people focus only on short-term financial wins; however, they often ignore the long-term impact. For example, they may keep the marital home because it feels like a victory. In reality, the mortgage, taxes, and maintenance on a single income can quickly turn that home into a heavy burden.

Make sure you understand how divorce will affect retirement accounts, pensions, health insurance, taxes, and Social Security benefits. Working with both a divorce lawyer and a financial advisor can help you avoid financial pitfalls.

8. Failing to Update Estate Plans After Divorce

Many people forget to update their wills, trusts, or beneficiary designations after a divorce. This can lead to unintended consequences, such as an ex-spouse inheriting property or being listed as a healthcare decision-maker.

After your divorce is finalized, review your estate plan with an Allegan estate planning attorney to ensure your documents reflect your new wishes. Updating your estate plan is a critical step in truly starting fresh.

See how our Estate Planning services can help.

How to Avoid Michigan Divorce Mistakes

The best way to protect yourself is to work with a trusted divorce lawyer in Allegan County who understands Michigan law and the local courts. At Legacy Legal & Business Services PLC, we guide our clients through each step of the divorce process so they can avoid costly mistakes and move forward with confidence.

Frequently Asked Questions About Divorce in Michigan

1. How long does a divorce take in Michigan?

If your divorce does not involve minor children, Michigan law makes you wait 60 days before the court finalizes it. If your divorce involves children, the law requires a 6-month wait, although the court can shorten that period in limited cases. Custody battles or contested property division often extend the timeline.

2. Do I have to go to court for a Michigan divorce?

Not always. Many divorces are resolved through settlement negotiations or mediation. If you and your spouse can agree on all issues, you may only need a brief court appearance for final approval. However, if disputes remain, a judge will need to decide, and court appearances will be required.

3. How much does a divorce cost in Michigan?

Costs vary based on complexity. An uncontested divorce may cost a few thousand dollars; however, contested divorces involving custody or large assets can cost significantly more. In addition, attorney fees, court filing fees, and expert costs, such as custody evaluators, also factor into the total. Consulting with a local divorce lawyer in Allegan County can give you a clearer estimate for your situation.

4. Can I change my last name during the divorce?

Yes. Michigan law allows you to request the restoration of a former last name as part of your divorce judgment. This is a simple request your attorney can include in your paperwork.

5. What if my spouse doesn’t respond to divorce papers?

If your spouse fails to respond, you may request a default judgment. This means the court can grant the divorce and approve your requests, even without your spouse’s participation. However, your spouse may later try to set aside the judgment, so it’s best to consult an attorney before pursuing this route.

If you’re facing divorce, don’t risk making a mistake that could affect your future. Call Legacy Legal & Business Services PLC today at (616) 681-0100 to schedule a free confidential consultation. We proudly serve clients in Allegan County, Kent County, Ottawa County, Barry County, and throughout West Michigan.