Michigan Divorce FAQS
Michigan Divorce Records
How do I get a certified copy of my divorce decree from a Michigan circuit court?
Contact the circuit court where your divorce was finalized. You can request a certified copy in person, by mail, or online if the court offers e-services.
Can I look up Michigan divorce records online without visiting the courthouse?
Some counties provide online case searches through Michigan Courts’ MiCOURT system, but not all records are viewable online.
Which counties in Michigan allow online divorce record searches?
Counties using the MiCOURT Case Search system, such as Oakland, Kent, and Macomb, offer limited online access to divorce case information.
How much does it cost to order a divorce certificate from MDHHS?
The Michigan Department of Health and Human Services (MDHHS) charges $34 for the first certified copy and $16 for each additional copy ordered at the same time.
Can I get a copy of my divorce judgment if it was finalized over 20 years ago?
Yes. Circuit courts maintain permanent divorce records, regardless of age. You can request an archived copy directly from the court clerk.
Are divorce filings from Michigan Family Courts viewable by the public?
Yes. Most divorce filings are public records, though sensitive documents (like financial statements) may be sealed by court order.
Can I remove or seal my Michigan divorce record from public access?
Only a judge can seal a divorce record, and it requires a compelling reason such as privacy, safety, or sensitive child matters.
Do I need identification to order my own divorce record in Michigan?
Yes. A valid photo ID is required when requesting certified copies of divorce records.
What information is shown on a Michigan divorce certificate vs. the full judgment?
The certificate lists basic details, names, date, and county, while the judgment includes full terms on custody, support, and property division.
How do I verify if a Michigan divorce is finalized or still pending?
Check the case status with the circuit court clerk or through the Michigan Courts online case search.
Michigan Divorce Law
What is considered “irretrievable breakdown” under Michigan divorce law?
It means the marriage cannot be repaired and there’s no reasonable likelihood of reconciliation.
Can fault, like adultery or abuse, affect property division in Michigan?
Yes. Michigan is a no-fault state, but judges can consider misconduct when dividing assets or awarding spousal support.
Does Michigan treat inherited assets as separate or marital property?
Inherited assets are separate unless they were commingled or used jointly during the marriage.
How does Michigan divide retirement accounts like pensions and 401(k)s?
They are divided equitably, often through a Qualified Domestic Relations Order (QDRO).
Can one spouse be required to pay the other’s attorney fees in Michigan?
Yes. The court may order it if one spouse cannot afford legal fees and the other has sufficient means.
How is spousal support calculated in Michigan circuit courts?
There’s no strict formula. Courts consider income, length of marriage, lifestyle, age, and earning capacity.
Does Michigan law limit how long alimony can last?
Duration depends on case specifics; it may be short-term, rehabilitative, or long-term in lengthy marriages.
Can I modify spousal support after a Michigan divorce judgment is entered?
Yes, if there’s a substantial change in circumstances and the judgment allows modification.
Does Michigan recognize postnuptial agreements?
Yes, but they must be fair, voluntary, and properly executed.
What happens if one spouse hides income or assets during divorce in Michigan?
The court can impose penalties, award a larger share to the other spouse, or reopen the judgment.
Divorce for Business Owners
How does Michigan law treat a business started before the marriage?
It’s generally separate property, but any increase in value during the marriage may be divided.
Can my spouse claim a share of my LLC if they never worked in it?
Possibly. If marital funds or efforts contributed to its growth, a portion may be considered marital property.
What valuation methods do Michigan courts use for small businesses?
Courts rely on expert appraisals using income, market, or asset-based valuation methods.
Will I have to disclose business tax returns during divorce discovery?
Yes. Full financial disclosure is required, including business tax records and profit statements.
How can I keep business financials private in a Michigan divorce case?
You can request a protective order or agree to confidentiality terms with the other party.
Does a Michigan court ever divide stock options or retained earnings?
Yes, if they were earned or accrued during the marriage.
Can business goodwill be counted as marital property in Michigan?
Yes, but only if it has marketable value apart from the owner’s personal reputation.
How does Michigan handle business debt acquired after separation?
Debt is usually assigned to the party who incurred it, unless both benefited from it.
Can I use a buy-sell agreement to keep my spouse from owning part of my business?
Yes, a valid buy-sell agreement can limit spousal rights but must be in place before divorce.
Does Michigan require expert testimony to value a closely held business?
Typically yes. Courts rely on expert financial testimony for accurate business valuation.
High Net Worth Divorce
At what asset level is a Michigan divorce considered “high net worth”?
Generally when the marital estate exceeds $1 million in combined assets or involves complex holdings.
How are multiple real estate properties divided under Michigan law?
Properties are valued and divided equitably, either by sale or offset with other assets.
Can a Michigan judge freeze bank accounts during a divorce?
Yes. Courts can issue injunctions to prevent either spouse from transferring or hiding assets.
How are family trusts handled in Michigan divorces?
Trust assets are divided only if one spouse has a beneficial or marital interest.
Does Michigan allow pretrial injunctions to prevent asset transfers?
Yes. Temporary restraining orders can preserve marital assets during proceedings.
Can investment income be counted toward spousal support calculations?
Yes. All income sources, including dividends and capital gains, are considered.
Are Michigan courts familiar with dividing complex stock or crypto assets?
Yes. Courts now regularly address division of stocks, restricted shares, and cryptocurrency.
Can lifestyle evidence affect alimony awards in Michigan?
Yes. Courts use lifestyle data to maintain a comparable standard of living post-divorce.
How does Michigan handle jointly owned property in another state?
The court can order its division, but enforcement depends on the other state’s property laws.
Are tax consequences considered in Michigan property settlements?
Yes. Judges account for tax liabilities and future implications when dividing assets.
Michigan Divorce Process
Where do I file for divorce if my spouse lives in a different Michigan county?
File in the county where you or your spouse has lived for at least 10 days before filing.
What happens if my spouse doesn’t respond to the divorce summons in Michigan?
You can request a default judgment after the response deadline passes.
How long do I have to live in Michigan before filing for divorce?
At least 180 days in the state and 10 days in the filing county before submitting your petition.
How soon after filing can I get temporary custody or support orders?
You can request temporary orders immediately after filing the complaint.
Can a Michigan divorce be finalized without both spouses attending court?
Yes, if it’s uncontested or one party defaults.
What forms are required for an uncontested divorce in Michigan?
The Complaint for Divorce, Summons, Verified Statement, and Judgment of Divorce are typically required.
How long does the 60-day or 6-month waiting period actually take in practice?
At least 60 days for couples without children and 6 months if minor children are involved.
What happens if we agree on everything before the waiting period ends?
The court must still wait the statutory minimum before granting the divorce.
Can I serve divorce papers electronically in Michigan?
Only if the judge grants permission and traditional service isn’t possible.
What is a “default judgment” and how does it work in Michigan divorces?
If one spouse doesn’t respond, the court can finalize the divorce based on the filing spouse’s terms.