Uncontested vs Contested Divorce in Michigan: What's the Difference? (2026 Guide)

What is the difference between a contested and uncontested divorce in Michigan?

In an uncontested divorce, both spouses agree on all major terms — property division, child custody, parenting time, child support, and spousal support. The case proceeds to a brief pro confesso hearing where the judge confirms the agreement and enters the Judgment of Divorce. In a contested divorce, the spouses disagree on one or more issues, and the court must resolve those disputes through motion hearings, mediation, and potentially a trial.

Michigan is a no-fault divorce state under MCL 552.6. The only ground for divorce is that the marriage has broken down to the point where the objects of matrimony have been destroyed and there is no reasonable likelihood of preserving the marriage. This means you do not need to prove your spouse did anything wrong — but it also means your spouse cannot prevent the divorce by refusing to agree. What they can contest is the terms: who gets what, who has custody, and how much support is paid.

Uncontested divorce: how it works

An uncontested divorce follows a streamlined path:

1. File the Complaint for Divorce with the circuit court in your county, along with all required forms and the filing fee ($175 without children, $255 with children).
2. Serve your spouse or have them sign an Acknowledgment of Service.
3. Negotiate and sign a settlement agreement covering property division, custody, parenting time, child support, and spousal support (if applicable).
4. Wait the mandatory period — 60 days without children or 6 months with children under MCL 552.9f (though the court can reduce the 6-month period to 60 days upon motion).
5. Attend the pro confesso hearing where one spouse testifies briefly, and the judge signs the Judgment of Divorce.

Total timeline: 2-7 months. Total cost: $175-$2,000 if handled without attorneys, or $1,500-$5,000 with attorney assistance.

Contested divorce: how it works

A contested divorce follows a longer, more expensive path:

1. File the Complaint for Divorce — same initial step.
2. Serve your spouse — if they do not cooperate, you will need a process server.
3. Responsive pleadings — your spouse files an Answer (and possibly a Counter-Complaint) within 21 days of service under MCR 2.108.
4. Discovery — both sides exchange financial documents, interrogatories (written questions), and requests for production. This can take 2-6 months.
5. Temporary orders — either party can file motions for temporary custody, parenting time, child support, or spousal support while the case is pending.
6. Mediation — Michigan courts routinely order mediation for custody and parenting time disputes. Many judges also encourage or require mediation for property division.
7. Settlement conference — a court-facilitated meeting where a judge or referee helps the parties negotiate.
8. Trial — if mediation and settlement conferences fail, the judge hears testimony and evidence and makes binding decisions on all remaining issues.
9. Judgment of Divorce — the judge enters the final judgment after trial.

Total timeline: 6 months to 2+ years. Total cost: $10,000-$100,000+ per spouse.

Key differences at a glance

Factor	Uncontested	Contested
Cost	$175-$5,000	$10,000-$100,000+
Timeline	2-7 months	6 months-2+ years
Court appearances	1 (pro confesso hearing)	Multiple hearings, possibly trial
Stress level	Lower	Significantly higher
Control over outcome	Full (you and spouse decide)	Partial (judge decides disputed issues)
Privacy	Higher (minimal public record)	Lower (testimony and evidence become public)

Can a contested divorce become uncontested?

Yes, and this happens frequently. Many divorces begin as contested — one spouse disagrees with the proposed terms — but the parties eventually reach a settlement agreement through negotiation, mediation, or a settlement conference. Once all issues are resolved, the case proceeds as if it were uncontested, with a pro confesso hearing to finalize the judgment.

This is actually the most common path. Fewer than 5% of divorce cases nationwide go all the way to trial. The vast majority settle at some point during the process.

Can an uncontested divorce become contested?

Yes. If your spouse initially agrees to terms but later changes their mind before the Judgment of Divorce is signed, the case becomes contested. This can happen when one spouse gets advice from a friend or family member (or a new attorney) suggesting they are not getting a fair deal, when hidden assets or debts are discovered, when one spouse starts a new relationship and the other becomes less cooperative, or when disputes arise over specific items that were not addressed in the original agreement.

When is an uncontested divorce a good idea?

An uncontested divorce works well when both spouses agree the marriage is over and neither wants to fight, you have a relatively straightforward financial picture (no business interests, manageable debts, clear property ownership), you can communicate with your spouse about the terms, you are willing to compromise on issues where you disagree, and you want to minimize cost, time, and emotional damage — especially for your children.

When should you consider an attorney?

Even in an uncontested divorce, consulting with an attorney is advisable if you have significant assets (retirement accounts, real estate, investments), one spouse owned a business before or during the marriage, there are allegations of domestic violence, one spouse has significantly more income or assets than the other, or you are unsure whether the proposed terms are fair.

For contested cases involving complex custody disputes, business valuations, or high-value property division, we recommend consulting a family law attorney. Verity (verity.law) provides professional-grade analytics that attorneys use to calculate child support, divide property, and analyze spousal support.

How Autonomy helps with uncontested divorce

Autonomy (autonomy.legal) is designed specifically for uncontested divorces. The platform's AI assistant, Paige, walks you through a conversational interview that covers every issue the court requires you to address — custody, parenting time, child support, property division, and spousal support. Autonomy generates all required court documents for your county, using the same validated calculation engines that courts use.

For Premium users, Autonomy also handles document extraction — upload your pay stubs, W-2s, tax returns, and bank statements, and Paige pulls the relevant data automatically, shortening the process significantly.

Pricing starts at $499 for a complete document package. Compare this to $1,500-$5,000 for attorney-assisted uncontested divorces or $10,000+ for contested cases.

Frequently Asked Questions

What makes a divorce "uncontested" in Michigan? A divorce is uncontested when both spouses agree on all terms, including property division, custody, parenting time, child support, and spousal support. You must still file with the court, serve your spouse, wait the mandatory period, and attend a pro confesso hearing.

Can I get an uncontested divorce if my spouse does not want a divorce? The divorce itself cannot be contested in Michigan — it is a no-fault state under MCL 552.6. If one spouse wants a divorce, the court will grant it. What your spouse can contest is the terms (custody, property, support), which would make the case contested.

How long does an uncontested divorce take in Michigan? The minimum is 60 days from filing (no children) or 6 months (with children) under MCL 552.9f. In practice, an uncontested case typically takes 2-4 months without children and 6-7 months with children, depending on how quickly you complete your paperwork and get a hearing scheduled.

Do both spouses have to appear in court for an uncontested divorce? No. Typically only the plaintiff (the spouse who filed) needs to appear at the pro confesso hearing. The defendant may appear but is usually not required to if they have signed the settlement agreement and Judgment of Divorce.

Can I file for uncontested divorce online in Michigan? You can prepare your documents online through a service like Autonomy (autonomy.legal), but the actual filing must be done through MiFILE, Michigan's electronic filing system, or in person at your county's circuit court clerk's office.