When a family changes shape, every decision carries weight. Steady counsel makes the difference between reacting and rebuilding.
Family Law Attorneys in Ann Arbor, Michigan
A marriage ending reshapes everything. Where your children sleep on Tuesday nights. Who keeps the house. Whether you can afford the life you built together. These are not abstract legal questions. They are the decisions that define what comes next for you and your family.
For residents of Ann Arbor, Washtenaw County, and communities across Southeast Michigan, the family law attorneys at Conlin, McKenney & Philbrick, P.C. provide steady, experienced counsel during some of life’s most difficult transitions. CMP Law’s family law team combines the resources of a full-service firm with the personal attention that sensitive family matters demand.
When a divorce involves substantial assets, business ownership, or professional practices, the legal and financial issues become more complex. Family businesses, closely held companies, medical practices, real estate holdings, investment accounts, and deferred compensation must be identified, valued, and addressed with care. CMP Law represents clients in complex divorce and family law matters where business ownership, valuation disputes, and income analysis are central to the case.
Divorce in Michigan: No-Fault Grounds and Mandatory Waiting Periods
Michigan is a no-fault divorce state. Under Michigan’s no-fault divorce law, the only legal ground for divorce is that the marriage relationship has broken down “to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” Neither spouse needs to prove adultery, cruelty, or abandonment to file.
That simplicity in filing, however, does not mean the process itself is simple. Michigan law imposes mandatory waiting periods before a divorce can be finalized: 60 days from the date the complaint is filed when no minor children are involved, and six months when the couple has dependent children under age 18. A court may shorten the six-month period to no less than 60 days upon a showing of unusual hardship, but these exceptions are granted sparingly. Residency matters too. At least one spouse must have lived in Michigan for 180 consecutive days before filing, and in the county where the case is filed for at least 10 days.
During the waiting period, critical decisions are already in motion: temporary custody arrangements, interim support orders, discovery of financial assets, and negotiation of property division terms. CMP Law’s family law attorneys work to protect your interests from the day the complaint is filed, not just the day the judgment is entered.
Child Custody and Parenting Time
Michigan’s Child Custody Act requires courts to evaluate 12 statutory “best interest” factors when determining custody and parenting time arrangements. These factors, codified in Michigan’s Child Custody Act, examine everything from the emotional bond between each parent and child to each parent’s willingness to encourage the child’s relationship with the other parent. Factor (j), the willingness and ability to facilitate a close parent-child relationship with the other parent, often carries significant weight.
Custody in Michigan takes two forms. Legal custody determines which parent makes major decisions about the child’s education, healthcare, and religious upbringing. Physical custody determines where the child lives. Courts may award sole or joint arrangements for either type, and parenting time schedules can range from traditional alternating weekends to equal 50/50 arrangements.
When custody is contested, the Friend of the Court conducts investigations, interviews both parents, and issues recommendations to the judge. These recommendations are influential but not binding. An experienced attorney can challenge a Friend of the Court recommendation through a formal objection and evidentiary hearing.
CMP Law’s family law attorneys also handle post-judgment custody modifications and motions to change a child’s legal residence. Under Michigan law, a parent subject to a custody order who wishes to relocate more than 100 miles from the child’s current residence must seek court approval, a process that requires its own “best interest” analysis.
Spousal Support and Property Division
When determining spousal support, courts weigh a range of factors on a case-by-case basis: the length of the marriage, each party’s earning capacity, the standard of living established during the marriage, each spouse’s age and health, contributions to the marital estate (including homemaking), and the conduct of the parties. The judge has broad discretion to award temporary, rehabilitative, or permanent spousal support depending on the circumstances.
Michigan is an equitable distribution state, which means marital property is divided fairly but not necessarily equally. The court distinguishes between separate property (assets owned before the marriage or received as gifts or inheritance) and marital property (assets acquired during the marriage). Business interests, retirement accounts, real estate holdings, and professional practices all require careful valuation.
Because CMP Law’s family law team practices alongside the firm’s business and corporate law, real estate, and estate planning groups, clients benefit from attorneys who can coordinate complex financial analysis without referring matters to outside counsel. A business owner facing divorce, for example, has access to attorneys experienced in corporate valuation and succession planning under the same roof.
Prenuptial and Postnuptial Agreements
Michigan courts enforce prenuptial agreements (formally called antenuptial agreements under Michigan law) when four conditions are met: the agreement was entered into voluntarily, both parties made full financial disclosure, the terms were fair and reasonable at the time of signing, and the circumstances have not changed so dramatically that enforcement would be unconscionable. A well-drafted agreement can address:
- Classification and division of separate and marital property;
- Spousal support terms or waivers;
- Protection of business interests, inheritances, and family assets;
- Allocation of responsibility for premarital and marital debts;
- Estate planning coordination, including waivers of statutory spousal rights under EPIC.
Prenuptial agreements cannot, however, predetermine child custody or child support, as those decisions remain within the court’s jurisdiction. Postnuptial agreements face stricter scrutiny from Michigan courts because they are executed after marriage, when a confidential relationship already exists. Working with an attorney who understands these distinctions is critical to drafting an agreement that holds up when it matters most.
CMP Law’s family law practice draws strength from the firm’s deep litigation foundation. Arminia Duenas, who leads the family law team, spent years as the managing attorney for the Women’s Justice Center, a non-profit helping men and women navigate family law matters involving domestic violence. That courtroom experience translates directly to contested custody hearings, contentious property disputes, and high-conflict divorces where preparation and trial skill determine the outcome. Clyde R. Woods brings additional litigation depth to the team, with a practice background spanning civil defense, business and contract disputes, and matters involving family businesses, closely held private companies, professional practices, and valuation issues.
Over the years, CMP Law’s family law attorneys have represented clients in circuit courts throughout Southeast Michigan, handling contested divorces, custody modifications, support enforcement actions, and prenuptial agreement disputes. The firm’s ability to call on attorneys across its full range of practice areas under one roof gives family law clients an advantage that smaller boutique firms cannot match.
Since 1937.
Conlin, McKenney & Philbrick, P.C. has practiced in Ann Arbor since 1937. The firm works across the full range of civil law, so a matter that touches regulatory questions, tax exposure, and potential litigation moves through one team without the friction of coordinating outside counsel. One relationship. One place that knows the file.
CMP Law attorneys serve on the boards of the Ann Arbor Area Community Foundation, Washtenaw United Way, and the Washtenaw County Bar Association. The firm has earned the State Bar of Michigan’s highest pro bono recognition, the Pro Bono Circle of Excellence, and a place in the Founders Society of the Michigan Access to Justice Fund.
Frequently Asked
Questions
How long does a divorce take in Michigan?
The minimum timeline depends on whether you have minor children. Without minor children, the mandatory waiting period is 60 days from the date the divorce complaint is filed. When the couple has dependent children under 18, the waiting period extends to six months, though a court may reduce it upon a showing of unusual hardship. These are minimums. Contested divorces involving complex property or custody disputes can take a year or longer to reach a final judgment. An uncontested divorce where both parties agree on all terms may be finalized shortly after the waiting period expires, depending on the court’s scheduling availability.
What factors does a Michigan court consider in child custody decisions?
Michigan courts evaluate 12 best interest of the child factors set out in Michigan’s Child Custody Act. These include the emotional bond between parent and child, each parent’s capacity to provide for the child’s physical and emotional needs, the stability of each home environment, the child’s school and community ties, and each parent’s willingness to support the child’s relationship with the other parent. The court does not assign equal weight to every factor. If one parent has a history of undermining the other’s parenting relationship, for instance, that factor alone can carry decisive weight. Children of sufficient age may also express a preference, though the court is not bound by it.
Is Michigan an equitable distribution state for property division?
Yes. Michigan courts divide marital property equitably, which means fairly based on the circumstances, not necessarily 50/50. The court considers factors such as the length of the marriage, each spouse’s contributions (financial and otherwise), each spouse’s earning ability, and the cause of the divorce. Separate property, meaning assets a spouse owned before the marriage or received through gift or inheritance, is generally not subject to division. However, courts may reach separate property when it has been commingled with marital assets, when the marital estate is insufficient for the suitable support of one spouse, or when one spouse contributed to the acquisition or improvement of the other’s separate property. Accurate identification and valuation of all assets, including business interests, retirement accounts, and real estate, is essential to achieving a fair result.
Can a prenuptial agreement be challenged in Michigan?
A prenuptial agreement in Michigan can be challenged on several grounds. If one spouse signed under duress or without voluntary consent, the agreement may be invalidated. Failure to provide full and fair financial disclosure before signing is another common basis for a challenge. Courts will also refuse to enforce a prenuptial agreement if the terms were unconscionable at the time of signing or if circumstances have changed so dramatically that enforcement would be unfair. A spouse who lacked mental capacity at the time of signing, whether due to illness, intoxication, or cognitive impairment, may also challenge the agreement’s validity.
How is spousal support determined in Michigan?
Michigan does not use a statutory formula for spousal support. Instead, the court exercises broad discretion after weighing several factors: the duration of the marriage, each spouse’s income and earning potential, the marital standard of living, the age and health of both parties, each party’s contributions to the marriage (including caregiving), and the conduct of the parties during the marriage. Support may be temporary (to allow a spouse time to gain education or job skills), rehabilitative, or, in long-term marriages where self-sufficiency is unlikely, permanent. Spousal support often ends upon the death of either party or the remarriage of the recipient, though the specific terms depend on the judgment and the nature of the award.