What if We Cannot Agree During a Collaborative Divorce in Michigan?

 Posted on June 23, 2025 in Mediation & Collaborative Divorce

If you and your spouse cannot reach an agreement during a collaborative divorce, the process will end. Both parties must agree on all terms for the divorce to move forward through the collaborative process. When that is seemingly impossible, the next step is to move forward to litigation. A Northville, MI divorce attorney can help you understand the logistics of this transition and represent your interests through the litigation process.

What Is the Collaborative Divorce Process in Michigan?

The collaborative divorce process in Michigan is designed to help couples reach a divorce agreement outside the courtroom. It requires cooperation and focuses on communication and problem-solving, whereas traditional divorce often involves conflict and litigation. The Michigan Uniform Collaborative Law Act governs the collaborative divorce process, addressing the requirements for voluntary participation, confidentiality, and court recognition of a legally binding judgment.

What Happens When You Cannot Agree During a Collaborative Divorce in Michigan?

When a couple gets to the point where they simply cannot move forward during collaboration, Michigan law says that the process must end. At this point, each spouse needs to hire their own attorney, and it cannot be the same attorney they used during collaboration. Under statute MCL 691.1339, your collaborative lawyer is not allowed to represent you in subsequent court proceedings. Your case will move to mediation or litigation, depending on your goals and the things you cannot agree about. 

What Does the Traditional Divorce Process Look Like in Michigan?

Traditional divorce in Michigan is more formal than the collaborative process. Once you file, the court follows certain steps that vary depending on the complexity of your case. Generally, the process includes:

• Filing: One spouse files a complaint for divorce with the county circuit court.

• Serving: The other spouse is served a legal notice, to which they must respond.

• Waiting: You observe the mandatory waiting period, outlined in MCL 552.9f, of 60 days if you do not have minor children or six months if you do have minor children.

• Discovery: Both parties exchange information about income, assets, debts, and matters involving children.

• Hearings or mediation: The court may order you to participate in mediation to resolve issues, or you may present your evidence to the judge during court hearings.

• Trial or settlement: If you settle in mediation, the court will review the agreement and likely approve it. If not, the case will proceed to trial, allowing the judge to make the final decision on all unresolved matters.

• Entry of judgment: The judge will sign the final divorce decree, legally ending the marriage.

The litigation process is generally longer, more expensive, and more emotionally taxing compared to the collaborative process. However, an experienced attorney will ensure that your rights are protected and you have the evidence you need to make a strong argument. 

Contact Our Novi, MI Divorce Attorneys for a Free Consultation

If you have reached a standstill in the collaborative divorce process and have questions about what to do next, the Oakland County, MI divorce lawyers at Elkouri Heath, PLC can help. We have served individuals and families throughout southeastern Michigan for over 23 years. We understand that divorce is deeply personal and often overwhelming, and we are committed to providing compassionate, tailored representation. Contact us today at 248-344-9700 to schedule a free consultation and explore your options for divorce.