Discovery: Once the case has been started and an answer or default filed, the process of "discovery" begins. This process allows each spouse to "discover" what property, income, or other information is in the possession of the other spouse. Michigan law provides for "liberal" discovery. This means that you and your spouse are required to turn over nearly every type of information about yourself (medical, emotional, financial) to the other's attorney upon request.
Motions: Often there will be a need to adjust custody, visitation, support, temporary alimony, or other arrangements during the divorce case. This is done by filing a motion with the court and scheduling a hearing where both attorneys can state the views of their clients. These hearings are usually very short and only the attorneys are allowed to speak to the judge. A party not represented by an attorney will be allowed to speak for himself-herself at the trial or hearing.
Mediation: Once discovery is completed, a settlement can be negotiated. If the parties are unable to reach an agreement, they may decide to hire a mediator to assist them. In some cases, the court will order that a mediator be used. If ordered by the court, the mediator will be an experienced family law attorney. If selected by the parties, the mediator could be a lawyer, social worker, or anybody the parties believe can assist them in settling the case. Mediation is very successful in settling divorce cases.
Binding Arbitration: A relatively new development is the use of binding arbitration in divorce cases. The court cannot order you to arbitrate your case. However, arbitration may be to your benefit in reducing delay and bringing your case to a prompt conclusion. You and your spouse, through your attorney, select an arbitrator in whom all of you have confidence. The arbitrator, typically an experienced divorce lawyer, is paid by the parties for his/her time. Despite this additional cost, arbitration is often less expensive than waiting for a trial date in circuit court. A group called the American Academy of Matrimonial Lawyers (AAML) trains and certifies divorce arbitrators.
Trial: If you can't reach a settlement through negotiation or mediation, and if you and your spouse cannot agree on arbitration, your case will go to trial. In Michigan, less than 2% of all divorce cases go to trial. There are no jury trials in divorce cases. Some judges do not like to hear divorce trials because they present difficult and emotional issues. They will also often pressure parties anxious to end the marriage into a settlement. Several scheduled trial dates may come and go without the trial taking place. These delays may give the parties an opportunity to reach a settlement.
If your case goes to trial, the circuit judge decides all issues involved in a contested divorce case. The judge listens to the testimony, weighs the evidence, determines facts and the equities (fairness), and applies the law as he/she sees fit.
Statutory Waiting Period: Michigan has a mandatory waiting period before a divorce can be granted. In cases not involving minor children, the waiting period is 60 days after filing the divorce complaint. For cases involving children, the waiting period is six months. However, the six-month period may be waived by the court for good cause (spouse abuse, child molestation, etc.), but only if the 60-day period has expired.
