What Happens in a Michigan Divorce When You Have Kids (and No Agreement)

Divorce is hard enough when everyone gets along.

But when you have minor kids—and no clear agreement about custody, parenting time, or child support—the court has to step in. And when it does, you lose control over some of the biggest decisions of your life.

Here’s what actually happens in Michigan if you’re divorcing with kids and can’t work things out on your own.

1️⃣ The Court’s Job: The Best Interests of the Child

Michigan law says child custody decisions must be based on the best interests of the child.

That means the judge isn’t trying to “punish” anyone. The focus is supposed to be on what’s best for your child, even if you don’t agree with it.

The court will consider things like:
✅ Emotional ties between parent and child
✅ Each parent’s ability to provide stability
✅ The child’s school, community, and home environment
✅ The mental and physical health of everyone involved
✅ Any history of domestic violence
✅ The child’s preference (depending on age/maturity)

Bottom line: the judge decides. Not you. Not your ex.

2️⃣ No Agreement = More Court Involvement

If you and your co-parent can’t agree on custody or parenting time, you can’t just “take your ball and go home.”

What happens instead:
✅ The court orders mediation or friend-of-the-court evaluations.
✅ A referee or mediator interviews you both (and sometimes your kids).
✅ Recommendations get made to the judge.
✅ You might have multiple hearings before anything is finalized.

It’s stressful, invasive, and time-consuming.

It also means airing your private life in open court.

3️⃣ Temporary Orders While You Wait

Divorces don’t get finalized overnight.

While your case is pending, the court can issue temporary orders about:
✅ Custody
✅ Parenting time
✅ Child support
✅ Who stays in the family home

These orders are legally binding until the final judgment.

If you violate them? You risk contempt of court charges.

4️⃣ What About Child Support?

Michigan has a formula for child support.

✅ It looks at both parents’ incomes.
✅ It factors in parenting time percentages.
✅ Health insurance and childcare costs get included.

If you don’t agree on numbers, the Friend of the Court will run the guidelines.

Once the court sets support, it’s enforceable. Miss payments? Your wages can be garnished. Your tax refunds intercepted. Even your driver’s license suspended.

5️⃣ Property and Debt Division

If you can’t agree on who gets what, the court decides here too.

✅ Michigan is an equitable distribution state—not necessarily 50/50, but “fair.”
✅ The judge will divide marital property, debt, retirement accounts, and even business interests if you can’t agree.

If you want control over your property settlement, the best way is to negotiate it yourself. Without an agreement? The judge’s decision stands.

6️⃣ The Emotional Toll on Kids

No agreement means more conflict.

✅ Kids may have to talk to counselors, mediators, or the Friend of the Court.
✅ They see more fighting and stress.
✅ Decisions about their lives get made by strangers in a courtroom.

The more parents can work together, the less traumatic the process is for the kids.

7️⃣ Can You Avoid All This?

Absolutely.

✅ Work out a custody and parenting-time plan you can both live with.
✅ Negotiate child support numbers using the guidelines.
✅ Agree on property and debt division without needing a trial.

When parents agree, the judge usually signs off. It’s faster, cheaper, and less stressful.

8️⃣ Why a Lawyer Matters

Even if you’re trying to be civil, divorce is complicated.

✅ A lawyer explains your rights and options.
✅ Helps you negotiate fair terms.
✅ Drafts clear, enforceable agreements.
✅ Represents you in court if needed.

Without help, you might agree to something you regret later—or wind up with the court making decisions for you.

The Bottom Line

If you’re getting divorced in Michigan with kids, you need a plan.

Without one, the court will make the decisions for you.

✅ Who your kids live with.
✅ When you see them.
✅ Who pays support, and how much.
✅ How your assets and debts get divided.

You can’t avoid the hard decisions—but you can make sure you’re the one making them.

Ready to Talk?

At Newburg Law, we help Michigan families navigate divorce with clarity and compassion.

✅ Honest advice
✅ Strategic planning
✅ Advocacy in court when you need it most

Don’t leave your future—and your kids’—to chance.

📲 Contact us today to start the conversation.