When you're facing the possibility of divorce in Michigan, understanding the state's divorce laws is crucial for protecting your interests and making informed decisions. Michigan divorce law governs everything from filing requirements to property division, child custody, and spousal support. Whether you're just beginning to consider divorce or are already in the midst of proceedings, knowing your legal rights and responsibilities under Michigan divorce laws can help you navigate this challenging time with greater confidence.
Michigan's approach to divorce differs from some other states in important ways. The state's no-fault divorce system, equitable distribution principles, and specific requirements for residency and waiting periods all affect how your divorce will proceed.
Michigan's No-Fault Divorce System Explained
One of the most fundamental aspects of Michigan divorce law is the state's no-fault divorce system. Understanding what this means and how it affects your divorce case is essential for anyone going through a divorce in Michigan.
What No-Fault Divorce Means
Michigan is a no-fault divorce state, which means you don't have to prove that your spouse did something wrong to file for divorce. Unlike fault-based divorce systems that require proving grounds like adultery, abandonment, or cruelty, Michigan law eliminates the need for blame or accusations.
To file for divorce in Michigan, you only need to testify that "there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." This legal language essentially means that your marriage is irretrievably broken, meaning so damaged that it cannot be repaired, and reconciliation is not reasonably possible.
The beauty of Michigan's no-fault system is that only one spouse needs to want the divorce. Your spouse doesn't have to agree to give you a divorce. Even if your spouse objects or wants to stay married, the Michigan court will grant the divorce as long as you meet the legal requirements and prove the marriage has broken down.
When Fault Still Matters
While Michigan divorce law doesn't require proving fault to get divorced, a spouse's behavior during the marriage can still impact certain divorce outcomes. Judges can consider fault when making decisions about two critical issues:
Spousal Support (Alimony)
Courts may consider a spouse's conduct during the marriage when determining whether to award spousal support and how much. If one spouse's behavior contributed significantly to the breakdown of the marriage, such as through infidelity, substance abuse, or financial irresponsibility, this might influence the court's spousal support decision.
Property Division
Similarly, while Michigan uses equitable distribution for dividing marital property, judges have discretion to consider marital misconduct when deciding what's fair. A spouse who wasted marital assets, hid money, or engaged in other financial misconduct might receive a smaller share of marital property as a result.
However, it's important to understand that fault is just one factor among many that courts consider. Michigan divorce law emphasizes equitable outcomes based on multiple factors rather than punishing one spouse for marital misconduct.
Residency Requirements for Filing for Divorce in Michigan
Before you can file for divorce in Michigan, you must meet specific residency requirements. These requirements ensure that Michigan courts have proper jurisdiction over your divorce case.
Basic Residency Rules
To file for divorce in Michigan, either you or your spouse must have lived in Michigan for at least 180 days (approximately six months) immediately before filing your complaint for divorce. This residency requirement applies to the state as a whole, not any particular county.
Additionally, you or your spouse must have lived in the county where you plan to file for at least ten days immediately before filing. This county requirement is much shorter and easier to meet than the state residency requirement.
Most people choose to file in the county where they currently live, but Michigan divorce law gives you flexibility. You can file for divorce in the county where your spouse lives if that's more convenient or strategic for your situation.
When Residency Requirements Are Different
Michigan divorce law includes an exception to the standard ten-day county residency requirement in specific circumstances involving international considerations. If all of the following conditions apply, you can file in any county without meeting the ten-day requirement:
- Your spouse was born in or is a citizen of a country other than the United States
- You and your spouse have a child under 18 years old
- The judge has reason to believe your child is at risk of being taken out of the United States by your spouse and held in another country
This exception recognizes the serious concerns in cases involving potential international parental kidnapping.
Limited Jurisdiction Issues
To get a divorce in Michigan, only one spouse needs to live in Michigan. However, if one spouse has never lived in Michigan, the Michigan court may have limited jurisdiction in your case. Limited jurisdiction means the court can legally end your marriage, but might not have the authority to make decisions about:
- Division of property located outside Michigan
- Child custody if the children have never lived in Michigan
- Other matters where Michigan lacks sufficient connection to the case
If you think Michigan might have limited jurisdiction in your divorce case, consult with a family law attorney to understand how this affects your rights and options.
The Divorce Process: Step-by-Step Guide
Understanding the divorce process from start to finish helps you know what to expect and prepare appropriately for each stage. Michigan divorce law establishes a structured process that all divorces must follow.
Filing the Complaint and Summons
The divorce process officially begins when one spouse files a Summons and Complaint for Divorce with the Family Division of the Circuit Court. The person who files these documents becomes the "Plaintiff," and the other spouse becomes the "Defendant." These legal labels simply identify each person's role in the case; they don't imply wrongdoing by either party.
The Complaint for Divorce must state that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. You don't need to provide detailed explanations or evidence of the breakdown; this standard language from Michigan divorce law is sufficient.
When you file your complaint, you'll need to pay filing fees. As of 2025, these fees vary by county but typically total several hundred dollars. If you can't afford the filing fees, you can request a fee waiver by demonstrating financial hardship to the court.
Serving Your Spouse
After filing your divorce complaint, Michigan divorce law requires that you formally notify your spouse about the divorce by "serving" them with copies of the Summons and Complaint for Divorce. Proper service ensures your spouse has fair notice of the proceedings and an opportunity to respond.
You have several options for serving divorce papers:
- Service by Acknowledgment
The simplest method is having your spouse voluntarily sign an Acknowledgment of Service form. This shows they've received the divorce papers and eliminates the need for formal service methods.
- Service by Mail
You can have someone age 18 or older who isn't involved in the case mail the documents to your spouse via registered or certified mail with return receipt requested.
- Personal Service
You can have an adult who isn't party to the case hand-deliver the documents directly to your spouse.
You cannot serve the papers yourself; Michigan divorce law requires that someone else handle service to ensure it's done properly. After service is complete, you must file proof of service with the court showing that your spouse received the documents.
Your spouse then has 21 days to file an Answer if served in person, or 28 days if served by mail or outside Michigan.
If Your Spouse Files an Answer
If your spouse files an Answer to your Complaint for Divorce, they're officially participating in the case. The Answer responds to each paragraph in your complaint, indicating which parts they agree with and which they dispute. When your spouse files an Answer and you disagree on major issues, your case becomes a contested divorce.
Contested divorces involve additional steps like discovery (exchanging information about assets, debts, and income), negotiations between attorneys, possible mediation, and potentially a trial if you can't reach an agreement.
If Your Spouse Doesn't Respond (Default)
If your spouse doesn't file an Answer within their deadline, you can request that the court enter a default against them. To do this, you file a Default Request and Entry form with the court clerk. Once the clerk signs this form, your spouse is officially "defaulted," meaning they can no longer participate in the divorce case unless a judge agrees to set aside the default.
Even when your spouse is in default, Michigan divorce law doesn't give you automatic approval for everything you want. The judge still reviews your proposed Judgment of Divorce to ensure the terms are reasonable, follow Michigan law, and fairly divide property.
Temporary Orders During Divorce
While your divorce is pending, which can take months or even longer than a year in contested cases, Michigan courts can issue temporary orders that establish rules for how things work until the divorce is finalized.
What Temporary Orders Cover
Temporary orders typically address:
Child-Related Issues:
- Where children will live temporarily
- Parenting time schedules during the divorce
- Temporary child support payments
Financial Matters:
- Who stays in the marital home
- Temporary spousal support
- Who pays specific bills and debts
- Restraints on selling or hiding assets
These temporary arrangements remain in effect until the judge signs the final Judgment of Divorce or until the court modifies them. Temporary orders provide stability and clarity during the uncertainty of divorce proceedings.
How to Request Temporary Orders
You can request temporary orders by filing a motion with the court explaining what you're asking for and why it's necessary. Both spouses can also agree on temporary arrangements without court involvement, which saves time and money.
The court schedules a hearing where both parties can present their positions, and the judge decides what temporary orders are appropriate. Having temporary orders in place early in the divorce process can reduce conflict and provide structure during an otherwise chaotic time.
Mandatory Waiting Periods in Michigan
Michigan divorce law imposes minimum waiting periods before your divorce can be finalized. These waiting periods give couples time to consider whether they truly want to divorce and provide opportunities to work out agreements.
Waiting Period Without Minor Children
If you and your spouse don't have minor children together, the mandatory waiting period is 60 days from the date you file your complaint. This means the earliest your divorce can be finalized is 60 days after filing, even if you and your spouse agree on everything immediately.
This 60-day period allows couples to ensure they've made the right decision and provides time to resolve issues like property division and spousal support.
Waiting Period With Minor Children
If you and your spouse have minor children together, Michigan divorce law requires a much longer waiting period, 180 days (six months) from the filing date. This extended period recognizes that divorces involving children require more careful consideration and planning for custody, parenting time, and child support arrangements.
The six-month waiting period gives parents time to develop custody arrangements that truly serve their children's best interests and allows families to adjust to the separation before finalizing the divorce.
Requesting a Waiver
In certain circumstances, you can ask the judge to waive or shorten the 180-day waiting period. The court might grant this request if you demonstrate that waiting the full six months would cause "unusual hardship" to you or your children, or if you have other compelling reasons why your divorce needs to be finalized sooner.
However, even if the judge agrees to shorten the waiting period, it can never be reduced below 60 days. You must wait at least 60 days regardless of your circumstances. Requesting a waiver requires filing a motion and attending a hearing where you explain to the judge why the shorter timeframe is necessary and appropriate.
Property Division Under Michigan Divorce Law
How property and debt are divided is often one of the most contentious aspects of divorce. Michigan divorce law follows the principle of equitable distribution, which guides courts in fairly dividing marital assets and liabilities.
Equitable Distribution Explained
Michigan is an equitable distribution state, not a community property state. This distinction is important. In community property states, marital assets are typically split 50/50. In Michigan, courts divide marital property equitably, meaning fairly, which doesn't necessarily mean equally.
When dividing property, Michigan courts consider multiple factors to determine what's fair in your specific situation:
Factors Courts Consider:
- Length of the marriage (longer marriages tend toward more equal division)
- Each spouse's contribution to the marital estate (including homemaking contributions)
- Age and health of each spouse
- Standard of living established during the marriage
- Each spouse's needs and current living situation
- Earning ability and employment prospects
- Conduct during the marriage (fault)
These factors give judges flexibility to tailor property division to each couple's unique circumstances rather than rigidly applying a 50/50 split that might not be fair in all situations.
Marital Property vs. Separate Property
Before property can be divided, Michigan divorce law requires determining which assets are marital property (subject to division) and which are separate property (typically kept by the owner).
Marital Property includes most assets acquired during the marriage by either spouse, regardless of whose name is on the title:
- Real estate purchased during marriage
- Retirement accounts and pensions contributed to during marriage
- Investment accounts funded with marital income
- Vehicles purchased during marriage
- Furniture and household items acquired during marriage
- Income earned by either spouse during marriage
Separate Property typically includes:
- Property owned by one spouse before the marriage
- Inheritances received by one spouse during marriage and kept separate
- Gifts given specifically to one spouse (not to both)
- Personal injury settlements awarded to one spouse
The owner of separate property usually keeps it, but separate property can become marital property through commingling (mixing with marital assets) or if the other spouse contributed to increasing its value.
Division of Specific Assets
Different types of property present unique challenges in divorce:
Real Estate
The marital home is often the largest asset. Options include one spouse keeping the home and buying out the other's share, selling the home and dividing proceeds, or (rarely) continued co-ownership. The court considers factors like which spouse has custody of children, who can afford the home, and whether keeping the home is financially realistic.
Retirement Accounts
Retirement accounts like 401(k)s, IRAs, and pensions accumulated during marriage are marital property subject to division. Dividing these accounts requires special legal documents called Qualified Domestic Relations Orders (QDROs) to avoid tax penalties.
Business Interests
If one spouse owns a business, the court must determine whether it's marital or separate property, value it accurately, and decide how to fairly divide it or compensate the non-owner spouse.
Debts
Marital debt is divided similarly to assets. Courts typically divide debts fairly, considering factors like who benefited from the debt, who has the ability to pay, and whether one spouse incurred debt without the other's knowledge for purposes that didn't benefit the household.
Child Custody and Parenting Time Under Michigan Law
When minor children are involved, Michigan divorce law requires addressing custody and parenting time arrangements. These decisions profoundly affect children's lives and both parents' relationships with their children.
Types of Custody in Michigan
Michigan divorce law recognizes two distinct types of custody:
Legal Custody means the right to make important decisions about your children's upbringing, including:
- Educational choices (which school, special education services)
- Medical decisions (healthcare providers, medical treatments)
- Religious upbringing
- Other major life decisions
Physical Custody refers to where children live and spend their time.
Both types of custody can be either sole (one parent has custody) or joint (parents share custody). Common arrangements include:
- Joint legal custody with joint physical custody: Parents share decision-making and children spend significant time with both parents
- Joint legal custody with sole physical custody: Parents share decisions, but children primarily live with one parent while the other has parenting time
- Sole legal and physical custody: One parent has primary decision-making authority and children primarily live with them
Best Interests of the Child Standard
Michigan courts decide custody based on the "best interests of the child." Michigan divorce law requires judges to consider twelve specific best interest factors:
- Love, affection, and emotional ties between parent and child
- Each parent's capacity and disposition to provide food, clothing, medical care, and other material needs
- Length of time the child has lived in a stable, satisfactory environment
- Permanence of the proposed custodial home
- Moral fitness of the parties
- Mental and physical health of the parties
- The child's home, school, and community record
- The child's reasonable preference (if old enough to express one)
- Willingness and ability of each parent to facilitate a relationship between the child and the other parent
- History of domestic violence
- Any other relevant factors
- Whether either parent has been convicted of child abuse
Judges evaluate each factor and determine which parent is "favored" for that factor, then consider the totality of all factors to make custody decisions that serve the children's best interests.
Parenting Time Arrangements
Once custody is determined, parenting time must be established. Parenting time is Michigan's term for the schedule of when children spend time with each parent. Even when one parent has sole physical custody, the other parent typically still has significant parenting time unless safety concerns exist.
Parenting time can be:
Specific Parenting Time: A detailed schedule specifying exactly when children are with each parent, including regular schedules, holidays, school breaks, and summer vacations. Specific schedules prevent confusion and disputes.
Reasonable Parenting Time: Parents work out schedules as they go without a court-ordered specific schedule. This arrangement requires good communication and cooperation between parents.
The Michigan Friend of the Court provides a Parenting Time Guideline with sample schedules and information about children's developmental needs at different ages. Courts encourage parents to develop their own schedules that work for their families, but judges will establish schedules if parents can't agree.
Child Support in Michigan Divorces
Michigan divorce law requires both parents to financially support their minor children. Child support helps cover the costs of raising children after divorce.
Michigan Child Support Formula
Unlike spousal support, child support in Michigan follows a specific formula, the Michigan Child Support Formula. This standardized formula considers:
- Both parents' incomes
- Number of children
- Childcare costs
- Health insurance expenses for children
- Number of overnights each parent has with the children
- Other relevant factors
Judges must order child support according to the formula unless the calculated amount would be unjust or inappropriate in specific circumstances. Even if you and your spouse agree on a different amount, you must convince the judge that the formula amount is unfair or inappropriate.
You can estimate your potential child support obligation using the free MiChildSupport Calculator available online through Michigan's Office of Child Support.
Deviations from the Formula
Michigan divorce law allows deviations from the child support formula in limited circumstances. The Michigan Child Support Formula Manual lists twenty specific reasons (deviation factors) that might justify deviating from the standard calculation, including:
- Extraordinary educational expenses
- Special needs of the child
- Significant disparity in parents' financial resources
- Other unique circumstances
Requesting a deviation requires completing a Uniform Child Support Order Deviation Addendum and presenting evidence at your hearing explaining why the formula amount is unfair in your case.
Spousal Support (Alimony) in Michigan Divorce Law
Spousal support, also called alimony, is financial support one spouse pays to the other after divorce. Michigan divorce law doesn't guarantee spousal support in every case, courts have broad discretion in deciding whether to award it, how much, and for how long.
When Spousal Support Is Awarded
Judges may award spousal support when the property awarded to one spouse through the divorce isn't sufficient to support them adequately. Courts consider numerous factors when deciding spousal support issues, including:
- Length of the marriage (support more likely in longer marriages)
- Each spouse's conduct during the marriage
- Age and health of each spouse
- Each party's earning ability and employment prospects
- Standard of living established during the marriage
- Each spouse's financial needs and resources
- Contributions to the marital estate (including homemaking)
- Overall character and circumstances of each spouse
These factors, sometimes called the Parrish factors after a significant Michigan court case, guide judges in making spousal support decisions that are fair and reasonable based on your specific situation.
Modification and Termination
Spousal support orders can be modified if circumstances change substantially. Either party can file a motion requesting modification if they experience significant changes in income, employment, health, or other circumstances that affect support appropriateness.
Spousal support typically terminates automatically if the receiving spouse remarries, unless your divorce judgment specifically states otherwise. Courts can also terminate support based on changed circumstances or after a specified period.
Special Circumstances in Michigan Divorce Law
Certain situations create unique legal issues or considerations under Michigan divorce law. Understanding how these circumstances affect divorce proceedings helps you navigate your specific situation.
Common Law Marriage
Michigan has not allowed common law marriage since 1957. However, Michigan divorce law does recognize:
- Common law marriages entered into in Michigan before January 1, 1957
- Common law marriages validly entered into in other states that recognize common law marriage
If you believe you have a valid common law marriage from another state and want to dissolve it in Michigan, you should consult with an attorney to ensure Michigan courts will recognize your marriage.
Separate Maintenance
Separate maintenance, sometimes called legal separation, is an alternative to divorce under Michigan divorce law. In a separate maintenance case, you remain legally married at the end of the process, but the court divides property and debt, establishes custody and parenting time, determines child support, and may award spousal support.
You might choose separate maintenance instead of divorce for religious reasons, to maintain certain benefits of marriage (like health insurance), or if you're uncertain about permanently ending your marriage. However, if you file for separate maintenance and your spouse files a counterclaim for divorce, the judge must treat the case as a divorce.
Military Divorce
When a spouse is on active military duty, Michigan divorce law intersects with federal laws that protect service members. Special considerations include:
- Difficulty serving papers on service members stationed overseas
- Federal protections in civil cases for active duty personnel
- The Servicemembers Civil Relief Act (SCRA) requirements
- Possible need to appoint an attorney for a defaulted active-duty spouse
If you're filing for divorce and your spouse is on active military duty, consulting with an attorney familiar with military divorce is strongly advisable.
Domestic Violence
Domestic violence significantly impacts various aspects of divorce under Michigan divorce law. Courts take domestic violence very seriously when making decisions about:
- Child custody and parenting time: History of domestic violence weighs heavily in best interest determinations
- Property division: Abuse may influence property division decisions
- Mediation: Cases involving domestic violence are typically excused from mandatory mediation
- Personal protection orders: Victims can obtain protective orders for their safety
If domestic violence has occurred in your marriage, inform the court immediately. Your safety and your children's safety are paramount considerations.
Mediation and Alternative Dispute Resolution
Michigan divorce law strongly encourages resolving disputes through mediation rather than court battles. Understanding mediation and your options for alternative dispute resolution can save time, money, and emotional stress.
Court-Ordered Mediation
Michigan courts typically order mediation in most divorce cases unless domestic violence is involved. Mediation involves meeting with a neutral third party (the mediator) who helps you and your spouse communicate and negotiate disputed issues.
The mediator doesn't make decisions or take sides, they facilitate productive conversations and help you find solutions. If you reach agreements in mediation, you document them and present them to the court for approval. Mediation is non-binding, meaning you can't be forced to accept an agreement you don't want.
Courts may assign a mediator, or you and your spouse can agree on a private mediator. Generally, both parties split mediation costs.
Benefits of Mediation
Mediation offers significant advantages over litigation:
- Costs substantially less than going to trial
- Gives you control over outcomes rather than leaving decisions to a judge
- Resolves issues faster than court proceedings
- Keeps divorce details private instead of in public court records
- Reduces conflict and preserves relationships (important for co-parenting)
- Often leads to more satisfactory long-term outcomes
Arbitration
Arbitration is another alternative dispute resolution option under Michigan divorce law. Unlike mediation, arbitration involves a neutral third party (the arbitrator) who listens to both sides and makes binding decisions, similar to a judge.
Both parties must voluntarily agree to arbitration and agree on which issues the arbitrator will decide. You pay the arbitrator's fees, but arbitration is typically faster and more flexible than traditional court proceedings. The arbitrator's decisions become part of your final divorce judgment.
Finalizing Your Michigan Divorce
After resolving all issues, either through agreement, mediation, or trial, Michigan divorce law requires a final hearing and the entry of a Judgment of Divorce to officially end your marriage.
The Final Hearing
Every Michigan divorce requires at least one court hearing before finalization. At the final hearing, the judge must take evidence on the record confirming that the marriage has broken down and that the objects of matrimony have been destroyed with no reasonable likelihood of preservation.
In uncontested divorces where you and your spouse agree on all issues, the final hearing is usually brief. The judge asks the plaintiff questions to confirm:
- Residency requirements are met
- There has been a breakdown of the marriage relationship
- The proposed Judgment of Divorce is fair and follows Michigan law
- Both parties understand and agree to the terms (in uncontested cases)
In contested cases that went to trial, the final hearing involves more extensive testimony and evidence before the judge makes final decisions.
The Judgment of Divorce
The Judgment of Divorce is the official court order that:
- Ends your marriage
- Divides property and debt
- Establishes child custody, parenting time, and child support (if applicable)
- Orders spousal support (if applicable)
- Resolves all other divorce-related issues
Both parties have the opportunity to review the proposed Judgment of Divorce before it's entered. In uncontested cases, both spouses typically sign it to show agreement. Once the judge signs the Judgment of Divorce, your marriage is officially dissolved and the terms become legally binding court orders.
If either party violates the terms of the Judgment of Divorce, the other can file a motion asking the court to enforce the order.