The cost of a legal separation in Michigan, formally called a separate maintenance action, typically runs $1,500 to $5,000 when both spouses agree on the major issues, and $10,000 or more when the case is contested or goes to trial. Filing the case with the circuit court costs about $175, plus small add-ons if children are involved. Everything above that is driven by attorney fees, and attorney fees are driven by how much you and your spouse disagree.
Court Filing Fees
Every separate maintenance case starts with a filing fee paid to the circuit court. The base civil filing fee is $150 under MCL 600.2529, plus a $25 assessment, for a standard total of about $175.1Michigan Courts. Circuit Court Fee and Assessments Table
Minor children add to that. If custody or parenting time is at issue, an $80 fee applies under MCL 600.2529(1)(d)(i). If only child support needs to be decided, the fee is $40. The two don’t stack; you pay one or the other.1Michigan Courts. Circuit Court Fee and Assessments Table
So the filing total is roughly $255 for a case with custody issues, about $215 for a case with only child support, and $175 for a case with no minor children.
Service of Process
Once filed, the complaint and summons have to be formally delivered to your spouse. Michigan sets the statutory fee for service at $26 per defendant plus mileage at one and a half times the state civil service rate, whether a sheriff’s deputy or another authorized person handles it.2Michigan Legislature. Michigan Compiled Laws 600-2559
Private process servers run roughly $20 to $100 depending on how hard your spouse is to find. If your spouse is willing to accept service voluntarily, this cost disappears.
Attorney Fees
This is where the numbers swing the most. According to the State Bar of Michigan’s 2023 Economics of Law survey, family law attorneys in the state charge a median hourly rate of $300, with the middle half billing $250 to $350 per hour. Attorneys at the top of the market charge $450 or more.3State Bar of Michigan. 2023 Economics of Law Survey Results
Most attorneys require a retainer up front. A straightforward uncontested case often starts with a retainer of $1,500 to $3,000. Contested matters commonly require $5,000 to $10,000 or more up front, with additional billing as the retainer is spent down. The retainer is a deposit against hourly work: drafting documents, negotiating, attending hearings, and communicating with opposing counsel.
An uncontested case, where both spouses have already agreed on property, support, and custody, might take 5 to 15 hours of attorney time. A contested case that goes to trial can run 40 to 100 hours or more. At $300 an hour, that spread alone represents a difference of roughly $1,500 to $30,000 in legal fees.
Mediation and Expert Costs
Michigan’s community dispute resolution centers offer domestic mediation at reduced rates, often around $125 per party for a session. Private mediators generally charge $150 to $300 per hour, with the cost split between spouses. Courts frequently push parties into mediation before letting contested issues go to trial, so this expense shows up in many cases whether or not you planned for it.
Experts are the other common add-on, and they can be substantial when the case involves disputed property values or custody fights:
- Residential real estate appraisals usually run $300 to $600, with more for commercial property.
- Business valuations typically cost $3,000 to $10,000 or more depending on complexity.
- Private custody evaluations run $1,500 to $5,000, with heavily contested matters costing more; Friend of the Court investigations are generally far cheaper.
- Forensic accountants charge $2,000 to $10,000 when hidden assets are suspected or when separate and marital property need to be traced.
None of this is mandatory. If you and your spouse agree on what things are worth and have a workable custody arrangement, you can skip expert costs entirely.
What Drives the Total Up or Down
Contested or uncontested is the main variable. An uncontested case can wrap up for $2,000 to $5,000 all in, including filing fees and limited attorney work. Contested cases that reach trial routinely cost $10,000 to $25,000 per side, and complex disputes over substantial assets or custody can exceed that.
Specific pressure points on the bill:
- Disagreement on property division, spousal support, custody, or parenting time, each of which adds attorney hours, document exchange, and hearings.
- Complex finances including business interests, retirement accounts, stock options, and rental properties, each of which may need valuation and expert analysis.
- Lack of cooperation from a spouse who refuses to disclose financial information or misses deadlines, which triggers discovery motions, subpoenas, and enforcement hearings.
- Geographic location: attorneys in metro Detroit, Ann Arbor, and Grand Rapids tend to bill at the higher end of the range compared with rural counties.
The most effective way to control costs is to settle as much as possible before filing. Every hour of attorney time spent arguing over furniture or a parenting schedule adds $250 to $450 to the bill.
Fee Waivers for Low-Income Filers
If you can’t afford the filing fees, Michigan Court Rule 2.002 requires the court to waive them when you qualify. A waiver is mandatory if your household gross income is below 125% of the federal poverty guidelines. Waivers are also automatic if you receive means-tested public assistance such as Medicaid, food assistance, Supplemental Security Income, or Family Independence Program benefits.4Michigan Courts. Michigan Court Rules – Chapter 2, Rule 2.002 Waiver of Fees for Indigent Persons
If your income is above the 125% threshold, you can still request a waiver by showing that paying would create a hardship. People represented by a Legal Services Corporation grantee or a qualifying law school clinic also get automatic waivers. The waiver covers filing fees and other court costs. It does not cover attorney fees or expert costs.
A Risk That Can Make the Spending Pointless
Before investing in a separate maintenance case, know this: your spouse can file a counterclaim for divorce, and if they do, Michigan law requires the court to enter a divorce judgment instead of a separate maintenance judgment, as long as it finds the marriage has broken down.5Michigan Legislature. Michigan Compiled Laws 552-7 – Action for Separate Maintenance
You cannot force your spouse to stay married through this process. That means you could spend thousands pursuing separate maintenance and end up divorced anyway. If your reasons for choosing separation over divorce matter to you (religion, insurance, keeping options open), talk with your spouse about whether they’ll contest the approach, or at minimum raise the risk with your attorney before filing.