Joint Divorce: Ushering in a New Era of Divorce in Michigan
Out with the old, in with the efficient. Traditionally, divorce in Michigan has been a long and emotionally draining process — even when both spouses agree on the terms. But now, a new legal option is changing the game: the Joint Petition for Divorce.
This modern approach streamlines the divorce process, cuts costs, and avoids courtroom drama, making it ideal for couples who are amicable and ready to move forward without litigation. 
What Is a Joint Petition for Divorce?
A Joint Petition for Divorce is a collaborative legal filing where both parties agree to the terms of their divorce before going to court. Instead of one spouse suing the other, both individuals file together — signaling to the court that they’ve already reached a settlement.
This option is available under Michigan Court Rule (MCR) 3.223 and offers a much more efficient route to divorce than the traditional adversarial model.
How Long Does a Divorce Take in Michigan?
Without minor children: Minimum 60 days
With minor children: Minimum 6 months
However, with a Joint Petition, you may request a waiver of the statutory waiting period, potentially reducing the timeline — especially when no children are involved.
Key Benefits of Filing Jointly
Faster Timeline
Lower Attorney Fees
No Litigation Required
Simplified Court Process
Less Emotional Stress
Since both parties have already reached an agreement, there’s no need to go through costly hearings or discovery procedures. Instead, you focus on finalizing the settlement.
Not Plaintiff vs. Defendant — Just Party A and Party B
One of the most progressive aspects of this process is that you are no longer being “sued” for divorce. Instead of being labeled Plaintiff and Defendant, you and your spouse are referred to as “Party A” and “Party B.” The court caption reflects this shift, reading:
In the Matter of the Marriage of Party A and Party B
This more neutral and respectful approach can reduce tension and encourage cooperation.
What Documents Are Required?
To file a Joint Petition for Divorce in Michigan, you’ll need:
Joint Petition for Divorce
Request for Entry of Judgment
Consent Judgment of Divorce
Verified Statement
Judgment Information Form
Domestic Violence Screening Forms
These documents act as both the Complaint and Answer (unless one party objects). They also serve as the legal appearance of the attorney representing the filing spouse.
How the Process Works in Our Office
At Kathryn Wayne-Spindler & Associates, our experienced family law attorneys make the process as smooth as possible:
One spouse schedules a consultation (that spouse will be the represented party).
An attorney discusses your joint settlement terms.
Our paralegal team prepares all necessary legal documents.
You and your spouse review and approve everything.
Once finalized, the documents are signed, filed, and a court hearing date is scheduled.
At the hearing, the judge will review and — if all is in order — enter the Consent Judgment of Divorce.
Can One Party Object?
Yes. Either party can object to the summary proceeding at any time before the entry of the judgment. If an objection is filed, the court is required to dismiss the case, and you’ll need to pursue a traditional contested divorce instead.
Is Joint Divorce Right for You?
A Joint Petition for Divorce is ideal for spouses who:
Are amicable and willing to cooperate
Have resolved all custody, financial, and property issues
Want to avoid litigation and reduce legal expenses
However, it is not recommended for cases involving:
Domestic violence
High-conflict custody disputes
Unresolved financial disagreements
If you’re unsure which route is right for you, consult an experienced family law attorney.
The attorneys at Kathryn Wayne-Spindler & Associates are experienced attorneys who change
with the times to meet the needs of their clients. Contact the Milford, Michigan law office of
Kathryn Wayne-Spindler & Associates at 248-676-1000 for assistance. Or contact our new
location in Alexander City, Alabama at 800-809-9414. The attorneys of Kathryn Wayne-
Spindler & Associates practice law throughout Southeastern Michigan primarily in Oakland,
Wayne, Washtenaw, Genesee, and Livingston counties. In Alabama, Kathryn Wayne-Spindler
practices primarily in Lee, Tallapoosa, Macon, Chambers, Coosa, and Elmore Counties.
