Going through a divorce in Michigan involves substantial paperwork. If you're wondering which Michigan divorce forms you need, where to find them, and how to complete them correctly, you're not alone. The forms required for divorce can seem overwhelming at first, but understanding what documents you need and having access to the right resources makes the process much more manageable.
What Are Michigan Divorce Forms?
Michigan divorce forms are standardized legal documents required to initiate, process, and finalize a divorce in the state. These forms serve different purposes throughout the divorce process, from starting your case to establishing temporary arrangements to finalizing your divorce judgment.
The Michigan State Court Administrative Office (SCAO) creates and approves standardized forms for use across all Michigan counties. Using these approved forms ensures consistency, helps court clerks process your paperwork efficiently, and reduces the likelihood of errors that could delay your case.
While individual counties may have some county-specific forms for local procedures, the core divorce forms are the same statewide. This standardization means you can access forms online, complete them at home, and file them at your local circuit court with confidence that you're using the correct documents.
Categories of Divorce Forms
Michigan divorce forms fall into several categories based on their purpose and when they're used:
- Initial Filing Forms: Documents needed to start your divorce case
- Temporary Order Forms: Papers for requesting temporary arrangements during your divorce
- Discovery Forms: Documents for exchanging information about assets, income, and debts
- Settlement Forms: Forms for documenting agreements between spouses
- Final Judgment Forms:Documents to finalize and conclude your divorce
- Post-Judgment Forms: Forms for modifying orders after divorce is final
Essential Forms to Start Your Michigan Divorce
Every divorce in Michigan begins with filing specific initial documents with the family division of the circuit court. These foundational Michigan divorce forms officially start your divorce case.
Summons (Form MC 01)
The Summons is a two-page form that officially notifies your spouse that you've filed for divorce. This critical document informs your spouse about:
- The case number assigned by the court
- The deadline for filing an Answer (21 or 28 days depending on service method)
- Potential consequences of not responding
- Information about Friend of the Court involvement (when children are involved)
The Summons includes spaces for proof of service on the second page. After your spouse receives the divorce papers, they (or the person who served them) complete and sign this section to document that proper service occurred.
Complaint for Divorce
The Complaint for Divorce is the primary document that initiates your divorce case. Different versions exist depending on whether you have minor children:
Complaint for Divorce (Form MC 01): Used when you don't have minor children together Complaint for Divorce (Form MC 01): Used when you have minor children together
The Complaint includes:
- Basic information about you and your spouse (names, addresses, dates of birth)
- Date and place of marriage
- Statement that residency requirements are met
- Number and ages of any children
- The grounds for divorce (breakdown of the marriage relationship)
- What you're requesting (divorce, property division, custody, support, etc.)
You 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"—the standard language for Michigan's no-fault divorce system.
Verified Statement
The Verified Statement provides detailed financial and personal information required in divorce cases involving property, debt, or children. This comprehensive form includes:
Financial Information:
- Current income and employment details
- Assets (real estate, vehicles, accounts, retirement funds)
- Debts and liabilities
- Monthly living expenses
Personal Information:
- Educational background
- Health status
- Employment history
You must sign the Verified Statement under oath, swearing that the information is true and complete. This form helps the court make informed decisions about property division, spousal support, child support, and other financial matters.
Record of Divorce or Annulment (Form MDHHS-1979)
This vital records form reports your divorce to the Michigan Department of Health and Human Services for statistical and record-keeping purposes. The form collects:
- Basic identifying information about both spouses
- Marriage information (date, location)
- Information about any children
- Educational background of both parties
- Whether this is a first, second, or subsequent marriage for each spouse
You file this form with the court clerk when you begin your divorce. The information eventually becomes part of Michigan's vital statistics database.
Confidential Case Inventory (If Applicable)
If you have other pending or past family law cases in Michigan, you may need to complete a Confidential Case Inventory. This form identifies:
- Other family court cases involving you
- Relationships between different cases
- Whether protective orders exist
Not all counties require this form, but it helps courts coordinate related cases and identify potential conflicts or complications.
Michigan Divorce Forms for Cases with Children
When minor children are involved, additional Michigan divorce forms address custody, parenting time, and child support. These documents protect children's interests and establish clear arrangements for their care.
Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (Form MC 416)
The UCCJEA Affidavit provides critical information about your children's residence history and any existing custody orders. This form helps determine:
- Which state has jurisdiction over custody matters
- Whether Michigan courts can make custody decisions
- If other courts are involved in custody issues
You must list:
- Where children have lived for the past five years
- Who they lived with during those periods
- Any existing custody orders from other courts
- Any other custody proceedings involving your children
This information prevents conflicting custody orders across different states and ensures the proper court handles custody matters.
Uniform Child Support Order (Form FOC 10/52)
The Uniform Child Support Order establishes the amount and terms of child support. This standardized form includes:
- Amount of support to be paid
- Payment schedule (weekly, bi-weekly, monthly)
- Which parent pays support
- Provisions for health insurance
- Distribution of uninsured medical expenses
- Other child support-related obligations
Child support is calculated using the Michigan Child Support Formula, which considers both parents' incomes, number of children, childcare costs, health insurance expenses, and parenting time. The MiChildSupport Calculator helps estimate support amounts before completing official forms.
Parenting Time Order (Form CC 376)
This form establishes the schedule for when children spend time with each parent. The Parenting Time Order can include:
Regular Schedule:
- Weekly schedule during school year
- Weekend arrangements
- Weekday parenting time
Holiday and Special Occasions:
- Holiday rotation schedule
- Spring break and winter break plans
- Summer vacation arrangements
Transportation:
- Who provides transportation for exchanges
- Exchange locations
- Procedures for missed parenting time
You can attach detailed parenting time schedules to this order. The Michigan Friend of the Court provides sample schedules and guidelines for creating age-appropriate parenting time arrangements.
Child Custody Order
Custody orders specify both legal custody (decision-making authority) and physical custody (where children primarily live). The order addresses:
- Type of custody (sole or joint legal custody)
- Type of physical custody (sole or joint)
- Which parent has tie-breaking authority for major decisions (if joint legal custody)
- Provisions for changing custody arrangements
Courts base custody decisions on the twelve best interest factors established by Michigan law, ensuring arrangements serve children's welfare.
Forms for Uncontested Divorce in Michigan
If you and your spouse agree on all divorce issues, you can file for an uncontested divorce using special Michigan divorce forms designed for these simpler cases.
Petition for Consent Judgment of Divorce
The Petition for Consent Judgment is used when both spouses agree to the divorce and all its terms. This joint petition:
- States that both parties agree to the divorce
- Confirms that all issues have been resolved by mutual agreement
- Requests that the court grant the divorce based on the agreed terms
Both spouses sign this petition, eliminating the need for one to be "plaintiff" and the other "defendant." You're jointly requesting the divorce rather than one spouse suing the other.
Consent Judgment of Divorce
The Consent Judgment is the final order in an uncontested divorce that both spouses have agreed to. This comprehensive document includes:
- Division of all property and assets
- Allocation of all debts and liabilities
- Spousal support provisions (if any)
- Custody arrangements (if children involved)
- Parenting time schedule (if children involved)
- Child support orders (if children involved)
- Any other agreements reached
Both parties review, agree to, and sign the Consent Judgment before submitting it to the judge. Once the judge signs it, the divorce is finalized with the mutually agreed terms.
Using the Do-It-Yourself Divorce Tool
Michigan Legal Help offers a free Do-It-Yourself Divorce tool that significantly simplifies obtaining and completing Michigan divorce forms for uncontested cases. This interactive online tool:
Forms for Contested Divorce Cases
When you and your spouse disagree on divorce issues, additional Michigan divorce forms become necessary to address disputes, conduct discovery, and potentially go to trial.
Answer to Complaint for Divorce
If you're served with divorce papers, the Answer is your formal response to your spouse's Complaint. In the Answer, you:
- Admit or deny each paragraph of the Complaint
- Raise any defenses or objections
- State your position on disputed issues
- Request relief or outcomes you want
You have 21 days to file an Answer if served in person, or 28 days if served by mail or outside Michigan. Failing to file an Answer on time can result in a default judgment against you.
Michigan Legal Help provides a Do-It-Yourself Answer and Counterclaim tool that helps you prepare this form correctly.
Counterclaim for Divorce
A Counterclaim allows you to make your own requests in the divorce case rather than simply responding to your spouse's Complaint. Through a Counterclaim, you can:
- Request different custody arrangements than proposed
- Ask for spousal support
- Propose a different property division
- Request a name change
- Raise issues not addressed in the original Complaint
The Counterclaim is filed together with your Answer and must be served on your spouse, who then has an opportunity to respond.
Motion Forms
Motions are formal requests asking the judge to make specific decisions during the divorce process. Common motion forms include:
Motion for Temporary Orders: Requests temporary arrangements for custody, support, possession of marital home, and other issues while divorce is pending
Motion to Waive Waiting Period: Asks the judge to shorten the mandatory 180-day waiting period in cases with children
Motion for Default: Requests that the court enter a default when your spouse hasn't responded to the divorce papers on time
Motion to Set Aside Default: Asks the court to cancel a default and allow participation in the case
Motion to Compel Discovery: Requests court intervention when your spouse won't provide required financial information
Each motion requires supporting documents, a proposed order for the judge to sign, and proof that you served copies on your spouse.
Discovery Forms
Discovery is the formal process of exchanging information about income, assets, and debts. Common discovery forms include:
Interrogatories: Written questions one spouse sends to the other that must be answered under oath
Requests for Production of Documents: Formal requests for financial records, tax returns, bank statements, and other documentation
Subpoenas: Court orders requiring third parties (banks, employers, etc.) to produce documents or testify
Notice of Deposition: Scheduling a deposition where one spouse answers questions under oath with a court reporter present
Discovery ensures both parties have complete information needed to negotiate fairly or present evidence at trial.
Where to Find Michigan Divorce Forms
Knowing where to locate Michigan divorce forms and which sources are reliable saves time and ensures you're using current, approved versions.
Michigan Legal Help (Michiganlegalhelp.org)
Michigan Legal Help is the most comprehensive free resource for divorce forms and tools. This website, created by Michigan legal aid organizations, offers:
- Do-It-Yourself Divorce Tool: Interactive form preparation for uncontested divorces with or without children
- Do-It-Yourself Answer and Counterclaim: Guided tool for responding to divorce papers
- Downloadable Forms: PDFs of all major divorce forms
- Step-by-Step Instructions: Detailed guides for filing, serving, and completing your divorce
- Educational Articles: Information explaining Michigan divorce law and procedures
- Video Tutorials: Visual guides to divorce processes
All resources on Michigan Legal Help are completely free. The site is specifically designed for Michigan residents handling their own legal matters.
Michigan Courts Website (Courts.michigan.gov)
The official Michigan Courts website provides approved SCAO forms used statewide. The Domestic Relations forms section includes:
- All standardized divorce forms
- Forms for custody and parenting time modifications
- Child support forms
- Spousal support forms
- Forms for enforcing divorce judgments
Forms are available as fillable PDFs that you can complete on your computer before printing. The Michigan Courts website is the authoritative source for verifying you have the current version of any form.
County Circuit Court Websites
Your local county circuit court website often provides:
- County-specific local forms and procedures
- Filing fee schedules
- Court calendars and hours
- Instructions for electronic filing (if available)
- Contact information for the clerk's office and Friend of the Court
While core divorce forms are standardized statewide, some counties have additional local requirements or procedures. Check your county's website for any county-specific information.
Circuit Court Clerk's Office
The clerk's office at your local circuit court can provide:
- Paper copies of forms (sometimes for a small fee)
- Information about filing requirements and fees
- Guidance on local procedures
- Help verifying you have all required forms
Court staff cannot give legal advice or tell you how to fill out forms, but they can provide procedural information and confirm filing requirements.
Michigan Legal Services Programs
If you have low income, free legal services programs can help you obtain and complete Michigan divorce forms. These programs provide:
- Free consultations with attorneys
- Help completing divorce forms
- Legal advice about your rights
- Court representation in some cases
Use the Guide to Legal Help on Michigan Legal Help to find legal aid programs in your county.
Tips for Completing Michigan Divorce Forms Correctly
Properly completing divorce forms is crucial. Errors, omissions, or inconsistencies can delay your case or cause the court to reject your filing. Follow these practical tips for accurate form completion.
General Form Completion Guidelines
- Use Black Ink or Type: Complete forms in black ink or type them. Many courts now prefer or require typed forms for readability.
- Be Complete and Accurate: Answer every applicable question. If something doesn't apply, write "N/A" rather than leaving it blank, which might look like you forgot it.
- Be Consistent: Ensure information matches across all forms. Use the same name spellings, dates, and addresses throughout your paperwork.
- Keep Copies: Make copies of everything you file before submitting originals to the court. You'll need copies for your records and to serve on your spouse.
- Sign Where Required: Many forms require signatures, sometimes in front of a notary. Check each form carefully for signature requirements.
- Date Forms: Date forms when you sign them, not when you plan to file them.
Filing Your Michigan Divorce Forms
After completing your forms, you must file them properly with the circuit court to officially begin your divorce or advance your case.
Where to File
File your divorce forms with the clerk of the Family Division of the Circuit Court in the county where you or your spouse meets the ten-day residency requirement. Most people file in the county where they currently live.
Filing Fees
Michigan divorce filing fees vary by county but typically include:
Base Filing Fee: $150-$175 for initiating the divorce Electronic Filing System Fee: $25 (in most counties) Friend of the Court Fee: $80 (for cases involving custody or parenting time) Child Support Fee: $40 (for cases involving child support)
Total filing fees often range from $175 to $295 depending on whether children are involved. Some counties may have slightly different fee structures.
Fee Waivers
If you cannot afford filing fees, you can request a fee waiver (also called fee exemption) by:
- Completing a Fee Waiver Request form
- Providing financial information demonstrating inability to pay
- Submitting the fee waiver request with your initial filing
If the court grants your fee waiver, you won't pay court costs throughout your divorce. Michigan Legal Help provides a Do-It-Yourself Fee Waiver tool to help you prepare this request.
Filing Process
In-Person Filing:
- Bring original forms plus copies (typically 2-3 copies of each form)
- Give documents to the clerk who reviews them for completeness
- Pay filing fees or submit fee waiver request
- Clerk stamps and files originals, returns copies to you
- Clerk assigns a case number to your divorce
Electronic Filing: Some Michigan counties allow or require electronic filing through systems like E-Filing or CourtConnect. Check your county's website for electronic filing availability and procedures.
Mail Filing: Some counties accept divorce forms by mail. Include:
- Completed original forms
- Required copies
- Payment (check or money order)
- Self-addressed stamped envelope for return of copies
Call the clerk's office to verify mail filing is accepted and confirm mailing address.
After Filing: Next Steps with Your Forms
Filing your initial Michigan divorce forms is just the beginning. Several important steps follow to move your case forward.
Serving Your Spouse
After filing, you must serve copies of your filed forms on your spouse using methods approved by Michigan law:
- Personal service by someone over 18 who isn't involved in the case
- Service by registered or certified mail
- Acknowledgment of service signed voluntarily by your spouse
You must complete and file proof of service showing your spouse received the documents.
Responding to Forms Served on You
If your spouse serves you with divorce papers, respond appropriately:
- File an Answer within 21 or 28 days (depending on service method)
- File a Counterclaim if you have your own requests
- Provide required financial disclosures
- Attend scheduled court dates
Missing deadlines can result in default judgments against you.
Keeping Forms Updated
Throughout your divorce, file updated forms when circumstances change:
- Motion to amend pleadings if major changes occur
- Updated financial information if income or assets change significantly
- Status conference statements providing case updates
- Responses to discovery requests from your spouse
Keeping information current ensures accurate court decisions.