Family Law Practices
Our Office Locations
Downtown Chicago
440 W Randolph Ave, 5th Floor
Chicago, IL 60606
New Clients: 312-288-3057
Highland Park
595 Elm Place Suite 225
Highland Park, IL 60035
New Clients: 312-288-3057
Hinsdale
40 E. Hinsdale Rd. Suite 202
Hinsdale, IL 60521
New Clients: 312-288-3057
Metro Detroit
101 West Big Beaver Rd. Suite 1400 Troy, MI 48084
New Clients: 312-288-3057
Filing for divorce in Michigan when you have kids? You’re looking at a six-month waiting period before anything becomes final. If you don’t have children, you’ll only wait 60 days. It’s one of those laws that can feel frustrating when you’re ready to move forward, but understanding how it works can help you make the most of this mandatory pause.
What The Waiting Period Actually Means
The clock starts ticking the moment you file your divorce complaint with the court. Not when you serve your spouse. Not when they respond. The day you file. Michigan created this waiting period to give families time. Time to reconsider. Time to work through custody arrangements and financial details. Time to make sure divorce is really the right path. The court won’t finalize your divorce until those six months have passed, even if you and your spouse agree on absolutely everything.
How To Use The Waiting Period Productively
Six months can feel like forever. Or it can fly by in a blur of paperwork and emotional processing. Either way, you’re not just sitting around waiting. There’s plenty you can do to move your case forward, and a Troy divorce lawyer can help you tackle these tasks strategically. Consider handling these items during the waiting period:
- Gather tax returns, bank statements, and retirement account information
- Draft a parenting schedule that actually works for your family’s routine
- Research new housing options if you’re planning to move
- Attend mediation sessions to resolve disputes without going to court
- Complete any parenting classes the court requires
Think of this time as preparation, not limbo. You’re building the foundation for your post-divorce life.
Exceptions To The Six-Month Rule
Can the waiting period be shortened? Sometimes. Michigan courts have the power to waive the six-month requirement, but they don’t do it lightly. You’d need to show extraordinary circumstances, usually involving domestic violence, abuse, or serious safety concerns. The judge has full discretion here. These exceptions are rare, so don’t count on getting one unless your situation truly warrants it. Working with Merel Family Law can help you understand whether your case might qualify for an exception or how to navigate the standard timeline most effectively.
Financial Considerations During The Wait
Here’s something people often forget: you’re still legally married during these six months. That means shared expenses, joint debt, and access to marital funds all need addressing. Who pays the mortgage? Who covers the car insurance? Who’s responsible for credit card bills? You can request temporary orders from the court to establish these details. Temporary orders create structure while you wait for the final decree. They can cover spousal support, child support, who stays in the house, and how you’ll handle parenting time during the separation. Without these orders, you’re navigating financially murky waters.
Parenting Time And Custody Discussions
The waiting period gives you a chance to test out parenting arrangements before they become permanent. Michigan courts want to know what serves your child’s best interests. If you can show that a particular schedule worked well during the six-month separation, you’ve got solid evidence to support that arrangement in the final plan. You don’t have to wait until the divorce is finalized to establish a parenting routine. Temporary orders can formalize the schedule right now, giving both parents clarity and giving your kids stability when they need it most.
What Happens After Six Months
Once the six-month mark passes, your divorce can be finalized if you’ve resolved everything. Property division, parenting time, custody, child support, and spousal support, if it applies. All of it needs to be settled. Some divorces wrap up quickly after the waiting period ends. Others drag on for months or even years if the parties can’t agree. The complexity of your finances and the level of conflict between you and your spouse will determine how long this takes. Simple cases move fast. Contentious ones don’t.
Moving Forward With Your Case
Michigan’s six-month waiting period isn’t designed to punish you. It’s meant to protect families and ensure people don’t rush into life-changing decisions. That doesn’t make it any less frustrating when you’re ready to start your next chapter. Use this time wisely. A Troy divorce lawyer can guide you through documentation, help you prepare for mediation or hearings, and make sure you’re protecting your interests every step of the way. The work you do now, gathering financial records, establishing parenting routines, and negotiating temporary orders, sets you up for the best possible outcome when your divorce finally becomes final.