How Remote Proceedings Are Changing Divorce and Custody Cases

The Michigan court system has undergone a dramatic transformation over the past few years. What began as an emergency response has evolved into a permanent fixture of how family law cases are handled. Virtual court hearings—once considered a temporary pandemic measure—are now a standard option in Michigan divorce, custody, and child support proceedings.

For anyone navigating family law matters in Wayne County and throughout Michigan in 2026, understanding how virtual hearings work, when they’re appropriate, and how to prepare for them is essential. Whether you’re dealing with a contested divorce, a custody modification, or a child support hearing, the shift to remote proceedings brings both opportunities and challenges.

The Evolution of Virtual Hearings in Michigan

Michigan courts were among the first in the nation to embrace virtual technology during the COVID-19 pandemic. What started as a necessity quickly revealed significant benefits: reduced travel time and costs, increased accessibility for rural residents, easier scheduling for working parents, and faster case resolution.

In 2021, Michigan Supreme Court Administrative Order 2020-19 made permanent many of the remote proceeding options that had been temporarily implemented. This order allows Michigan courts to conduct various proceedings remotely, including most family law matters, with some important exceptions.

Today, Michigan courts use several platforms for virtual hearings, with Zoom being the most common. Each county and sometimes each judge may have slightly different procedures, but the fundamental framework is consistent across the state. Understanding this framework can help you navigate your case more effectively.

When Virtual Hearings Are—and Aren’t—Appropriate

Not all family law proceedings can be conducted virtually. Michigan law distinguishes between different types of hearings and the level of formality required for each.

Virtual hearings are commonly used for:

Motion hearings: Most motion practice in divorce and custody cases can be handled remotely. This includes motions for temporary orders, motions to modify custody or parenting time, enforcement motions for child support or parenting time violations, and discovery disputes.

Status conferences: These check-in meetings with the judge about case progress are almost always conducted virtually, saving everyone time while keeping the case moving forward.

Settlement conferences: Many judges prefer virtual settlement conferences, finding that the remote format can actually reduce tension and facilitate more productive negotiations.

Uncontested hearings: Final hearings in uncontested divorces, simple child support modifications, and agreed-upon custody changes are routinely handled virtually when both parties consent.

Virtual hearings are generally NOT used for:

Contested trials: While some evidentiary hearings can be conducted remotely, full trials—particularly contested custody trials—typically require in-person proceedings. Judges want to assess witness credibility directly, and the rules of evidence are easier to enforce in a traditional courtroom setting.

First appearances in domestic violence cases: Cases involving allegations of abuse or domestic violence usually begin with in-person proceedings to ensure victim safety and proper service of protective orders.

Complex evidentiary hearings: When extensive evidence needs to be presented, including multiple witnesses, documents, and exhibits, judges may prefer or require in-person hearings.

The decision about whether a hearing will be virtual or in-person ultimately rests with the judge. However, parties can request their preference, and judges will consider factors like the nature of the case, complexity of issues, number of witnesses, technology access, and safety concerns.

Wayne County Family Court and Virtual Proceedings

Wayne County, which includes Detroit and Downriver communities like Southgate, Taylor, and Wyandotte, has been particularly progressive in implementing virtual proceedings. The Wayne County Family Court has established clear protocols for remote hearings that have become a model for other Michigan counties.

In Wayne County, most routine family law matters are now presumed to be conducted virtually unless a party requests otherwise or the judge determines an in-person hearing is necessary. The Friend of the Court, which handles child support and parenting time enforcement in Michigan, has also adapted to conduct many of its conferences and investigations remotely.

This shift has been particularly beneficial for Wayne County residents who previously faced significant challenges attending court. The county’s large geographic area meant some residents traveled an hour or more to reach the courthouse in downtown Detroit. Virtual hearings have eliminated this barrier, making the justice system more accessible.

However, Wayne County still faces technology access issues. Not everyone has reliable internet, a computer with a webcam, or a private space to participate in hearings. The court system has made accommodations, including allowing parties to participate by phone in some cases, but these limitations remain a challenge for some litigants.

Advantages of Virtual Family Law Hearings

Virtual hearings offer several concrete benefits that have convinced many legal professionals they’re here to stay, even post-pandemic.

Time and cost savings are significant: Attorneys no longer need to block out entire mornings or afternoons for a 15-minute motion hearing. Clients don’t need to take full days off work. The elimination of travel time means more flexible scheduling and often lower legal fees since attorneys spend less time on each hearing.

Accessibility improves dramatically: Parents with inflexible work schedules can often participate during lunch breaks. People with disabilities that make courthouse access difficult can participate from home. Those without reliable transportation no longer face that barrier. And for cases where parties live in different parts of Michigan or different states, virtual hearings eliminate the need for expensive travel.

Emotional management can be easier: For many people going through divorce or custody battles, facing their ex-spouse in a courtroom is incredibly stressful. Virtual hearings can reduce this stress, allowing people to participate from familiar, comfortable environments. This can lead to clearer thinking and better decision-making.

Child care becomes simpler: Parents don’t need to arrange extended child care for court dates. A virtual hearing during school hours or while a trusted family member watches the kids at home removes a significant logistical challenge.

Documentation is easier to manage: Rather than juggling physical documents in a courtroom, parties can have files organized on their computer, making it easier to reference specific documents when needed.

Challenges and Disadvantages of Remote Proceedings

Despite the advantages, virtual hearings present real challenges that parties and attorneys must navigate carefully.

Technology issues are common and frustrating: Internet connections drop, audio cuts out, video freezes, and screen sharing fails. These technical problems can delay proceedings, frustrate judges, and potentially impact case outcomes if they prevent effective presentation of your position.

The human element can be lost: Much of legal advocacy relies on reading the room, making eye contact with the judge, and presenting yourself in a way that conveys credibility and sincerity. These elements are diminished on video. Judges acknowledge that assessing witness credibility is more difficult remotely, which is one reason contested trials are rarely conducted virtually.

Home environments aren’t always appropriate: Not everyone has a quiet, private space for court hearings. Background noise from children, pets, roommates, or neighbors can be distracting. Visual backgrounds can inadvertently convey impressions you don’t want to make. And for those experiencing domestic violence, participating from home may not be safe.

Digital evidence presentation is complicated: Introducing exhibits, marking documents, and having witnesses review evidence is more cumbersome in virtual format. What would take seconds in a physical courtroom can become a multi-minute ordeal of screen sharing and technical coordination.

Privacy concerns exist: When participating from home, you may inadvertently reveal personal information through what’s visible in your background or who might be overheard. In high-conflict cases, parties sometimes record virtual hearings without permission, which can create legal and practical complications.

Preparing for Your Virtual Family Law Hearing

Success in a virtual hearing requires different preparation than a traditional courtroom appearance. Here’s what you need to do:

Test your technology well in advance: Don’t wait until the morning of your hearing. Test your internet connection, camera, microphone, and the specific platform the court is using. Many courts provide practice sessions or test links—use them. Make sure you know how to mute and unmute yourself, start and stop video, and share your screen if needed.

Create a professional environment: Choose a quiet room with good lighting. Position your camera at eye level—looking up at you from a laptop on a table is unflattering and can undermine your credibility. Use a neutral background; avoid having a messy room, personal items, or controversial posters visible. Consider using a virtual background if your home environment isn’t ideal, but check with your attorney first as some judges discourage this.

Dress appropriately: You should dress as you would for an in-person court appearance. This means business attire, not casual clothes. Even though you’re at home, showing up in a t-shirt or with unkempt hair sends the wrong message. Judges notice and it matters.

Eliminate distractions: Secure child care if possible. Put pets in another room. Turn off phone notifications. Close unnecessary programs on your computer. Let other household members know you cannot be disturbed. Even small interruptions can disrupt the flow of proceedings and create a negative impression.

Have your documents organized: Keep both digital and physical copies of relevant documents readily available. Know where to find specific information quickly if the judge asks a question. Being able to reference documents efficiently shows preparation and competence.

Practice your testimony: If you’ll be testifying, practice speaking to a camera. It feels different than in-person testimony. Maintain eye contact by looking at the camera, not at your own image on screen. Speak clearly and at a moderate pace. Remember that slight audio delays mean you should pause after each question before answering.

Arrive early to the virtual waiting room: Court rules usually require joining 10-15 minutes before your scheduled time. This gives you time to resolve any last-minute technical issues and shows respect for the court’s time.

Virtual Hearing Etiquette and Best Practices

Courts have developed expectations for virtual hearing conduct. Following these unwritten rules can help your case:

Mute yourself when not speaking: Background noise is distracting and disrespectful to the court. Stay muted unless directly answering a question or making an argument.

Don’t multitask: It’s obvious when people are checking email, texting, or doing other work during a hearing. Give the proceeding your full attention. Judges notice and remember.

Wait for your turn to speak Interrupting is more disruptive in virtual settings than in person. Let others finish completely before unmuting and responding. If you need to object, use the “raise hand” feature rather than shouting over someone.

Address the judge properly: The same courtroom etiquette applies. Call the judge “Your Honor,” stand (if possible) when addressing the court, and maintain professional demeanor throughout.

Don’t eat, drink, smoke, or vape: Having water nearby is fine, but eating lunch or smoking during a hearing is completely inappropriate, yet it happens more than you’d think.

Control your facial expressions: Remember the camera is always on when your video is active. Eye-rolling, sighing, smirking, or other reactions to what your ex or their attorney says will be seen and noted. Maintain a neutral, respectful expression.

Take notes carefully: Typing loudly during a hearing can be distracting. If you need to take notes, mute yourself or write by hand. Better yet, have a separate notepad for urgent notes to your attorney.

Special Considerations for Custody and Parenting Time Hearings

Virtual hearings in child custody cases raise unique issues that parents need to understand.

Children should not be present or visible during hearings: Michigan courts are clear on this point. Your hearing is not the time for the judge to see or speak with your children unless specifically scheduled for that purpose. Having children visible in the background, even unintentionally, creates problems and can reflect poorly on your judgment.

Home environment observations matter more: In custody cases, judges pay attention to what they can see of your home. Is it clean and organized? Does the child have appropriate space? Are there safety concerns visible? While judges try not to make judgments based on economic circumstances, obvious neglect or unsafe conditions will be noted.

Presenting evidence of parenting ability is different: In traditional custody hearings, parties might bring photographs or documents to show their involvement in children’s lives. In virtual hearings, this evidence needs to be pre-filed with the court or shared digitally in a way that complies with court rules.

Expert testimony may be more limited: Custody evaluators, therapists, and other experts typically testify in person when possible. If they must testify virtually, establishing their credentials and having them review documents can become more complicated.

Technical Requirements and Court-Specific Rules

Each Michigan court has specific technical requirements for virtual hearings. Generally, you’ll need:

• A device with a camera and microphone (computer, tablet, or smartphone)
• Stable internet connection (minimum 5 Mbps recommended)
• Updated browser or app for the court’s platform (usually Zoom)
• Ability to access email for meeting links and court communications
• Basic familiarity with video conferencing controls

Wayne County Family Court provides detailed instructions on its website for virtual proceedings, including platform requirements, how to join hearings, and troubleshooting tips. Review these instructions well before your hearing date.

Some courts require pre-registration or may send calendar invites directly. Others use waiting rooms where you’ll wait to be admitted to the virtual courtroom. Make sure you understand your specific court’s procedures.

If you lack the necessary technology or internet access, contact the court clerk well in advance. Some courts can make accommodations, such as providing a space at the courthouse with computer access, or allowing telephone participation in limited circumstances.

When to Request an In-Person Hearing

There are situations where you should specifically request an in-person hearing despite the convenience of virtual proceedings:

If your case involves complex credibility determinations: When success depends on the judge believing your version of events over your ex-spouse’s, particularly regarding serious allegations, in-person presentation may be advantageous.

If you have significant evidence to present: Cases with numerous exhibits, witnesses, or demonstrative evidence are often better suited to traditional courtrooms where physical document handling is easier.

If technology access is limited or unreliable: Don’t risk your case on a shaky internet connection. If you can’t guarantee reliable technology, request an in-person hearing.

If you need the formality of a courtroom: Some parties, particularly those facing serious consequences, perform better in the more formal courtroom environment. The gravitas of a physical courtroom can also impact how seriously other parties take settlement negotiations.

If safety concerns exist: Virtual hearings from home aren’t appropriate if you share a residence with or are in proximity to someone who poses a safety risk.

Your attorney can help you evaluate whether requesting an in-person hearing makes strategic sense for your specific situation.

The Future of Virtual Proceedings in Michigan Family Law

Virtual hearings are clearly here to stay. Michigan courts continue to refine their remote proceeding policies based on years of experience and feedback from judges, attorneys, and parties.

We’re likely to see continued improvements in technology platforms, with better integration of evidence presentation, more secure systems, and enhanced accessibility features. Courts may develop more sophisticated hybrid models where some parties appear virtually while others are in the courtroom.

The legal community is also adapting. New attorneys entering practice have never known a time without virtual hearings, and they’re developing advocacy skills optimized for remote proceedings. Experienced attorneys are learning that different cases and different moments within cases benefit from different formats.

For families going through divorce or custody matters, this evolution in how courts operate represents progress toward a more accessible, efficient, and flexible justice system. However, it also requires adaptability and willingness to engage with technology in ways that may feel uncomfortable or unfamiliar.

Getting Help with Your Virtual Court Appearance

If you’re facing a virtual hearing in a Michigan family law case, don’t go it alone. The stakes are too high to risk technical problems, procedural missteps, or ineffective presentation of your case.

An experienced family law attorney understands not only the legal issues but also how to effectively advocate for clients in virtual proceedings. They can help you prepare your environment, organize your evidence, anticipate technical challenges, and present your case persuasively despite the limitations of remote formats.

At The Mitten Law Firm, we’ve successfully represented clients in hundreds of virtual hearings across Wayne County and throughout Michigan. We understand the unique challenges and opportunities these proceedings present, and we’re equipped to help you navigate them successfully.

Whether you’re dealing with a divorce, custody modification, child support matter, or any other family law issue, we can provide the guidance and representation you need to protect your interests in virtual or in-person proceedings.