Filing for Divorce in Michigan

Making the decision to end your marriage is never easy. If you're considering filing for divorce in Michigan, you probably have many questions running through your mind. Where do you start? What forms do you need? How long will the process take? Understanding the steps involved in Michigan filing for divorce can help reduce your anxiety and give you confidence as you move forward with this important life change.

Michigan has specific laws and procedures that govern how divorces work in the state. Whether you're facing an amicable separation or anticipating disagreements with your spouse, knowing what to expect makes the process less overwhelming. This comprehensive guide will walk you through everything you need to know about filing for divorce in Michigan, from meeting residency requirements to finalizing your divorce judgment.

Michigan's No-Fault Divorce System

One of the first things you should understand about getting divorced in Michigan is that the state follows a no-fault divorce system. This means you don't have to prove that your spouse did something wrong to file for divorce. You won't need to provide evidence of adultery, abuse, or abandonment. Michigan makes the divorce process simpler by not requiring you to blame anyone for the breakdown of the marriage.

To file a complaint for divorce in Michigan, you only need to 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." This legal language essentially means that your marriage is broken beyond repair and cannot be saved.

The beauty of Michigan's no-fault divorce law is that only one spouse needs to want the divorce. If you've decided the marriage is over, your spouse cannot force you to stay married by refusing to agree to the divorce. The court will grant you a divorce even if your spouse objects, as long as you meet the legal requirements.

However, it's important to understand that while fault isn't required to get granted a divorce, a spouse's behavior during the marriage can still affect certain outcomes. Judges can consider fault when making decisions about spousal support and property division. For example, if one spouse wasted marital money on gambling or had an affair, this conduct might influence how assets are divided.

Meeting Michigan's Residency Requirements

Before you can file for divorce in Michigan, you must meet specific residency requirements. These rules ensure that Michigan courts have the proper authority to handle your divorce case. Understanding these requirements helps you know when you're eligible to begin the divorce process.

Basic Residency Rules

To file for divorce in Michigan, either you or your spouse must have lived in the state for at least 180 days (about six months) immediately before you file your complaint. This means Michigan must have been your primary residence for the past six months. Additionally, you or your spouse must have lived in the county where you plan to file for at least ten days before filing.

Most people choose to file in the county where they currently live, but you don't have to. You can file in the county where your spouse lives if that's more convenient. The ten-day county requirement is fairly easy to meet, so you usually have some flexibility in choosing where to file.

Special Circumstances

There's an exception to the ten-day county requirement in specific situations. If your spouse was born in another country or is a citizen of a foreign nation, and you have a minor child together, you may be able to file immediately without waiting ten days. This exception applies when you have reasonable concerns that your spouse might take your child out of the United States.

If you want to file for divorce in Michigan but your spouse lives in another state, you need to meet additional requirements. Either you and your spouse must have lived together as a married couple in Michigan at some point, or you must have been a Michigan resident for at least one year before filing.

What Happens If You Don't Meet Requirements

If neither you nor your spouse meets the residency requirements, Michigan courts may only have limited jurisdiction in your case. Limited jurisdiction means the court can divorce you and end your marriage, but it might not be able to make other important decisions, such as dividing property located outside Michigan. In these situations, consulting with a lawyer can help you understand your options.

Starting the Divorce Process: Filing Your Complaint

Once you've confirmed you meet the residency requirements, you're ready to begin the actual divorce process. The divorce officially starts when someone files legal documents with the circuit court. Understanding what papers you need and how to file them properly is crucial for getting your case started correctly.

Required Documents to File

To start a divorce in Michigan, you need to file several important documents with the Family Division of the Circuit Court in your county:

Essential Filing Documents:

• Summons: This document officially notifies your spouse about the divorce case and explains their rights and responsibilities
• Complaint for Divorce: This form provides basic information about your marriage, your spouse, any children, and states that the marriage relationship has broken down
• Confidential Case Inventory: Required in some counties if you have other pending or past family division cases
• Verified Statement: Information about your income, property, and debts (required in cases involving children or property)

The person who files these papers first is called the "Plaintiff," and the other spouse becomes the "Defendant." Don't worry, these terms don't mean anyone is accused of doing anything wrong. They're simply legal labels to identify each person's role in the case.

Where and How to File

You'll file your divorce papers with the clerk's office at the circuit court in your county. Some Michigan courts now require electronic filing, while others still accept paper documents. Contact your local court clerk to find out the specific filing procedures for your county. Many court websites provide detailed instructions and downloadable forms.

When you file, you'll need to pay a filing fee. As of 2025, the basic filing fee in Michigan is typically around $175, plus an additional $25 for the electronic filing system. If you have minor children, expect to pay additional fees, up to $80 for custody or parenting time issues and $40 for child support matters. If you cannot afford these fees, you can request a fee waiver by completing a Fee Waiver Request form and showing the court that you have limited income.

Do-It-Yourself Divorce Options

Michigan makes it easier for people to file for divorce without hiring an attorney by providing free resources. Michigan Legal Help offers a Do-It-Yourself Divorce tool that guides you through completing all necessary forms. You answer questions about your situation, and the tool automatically fills out the correct forms for you to print and file.

This DIY approach works best for uncontested divorces where you and your spouse agree on major issues. If your situation involves complicated assets, significant disagreements, or concerns about domestic violence, consulting with an attorney is strongly recommended.

Serving Divorce Papers on Your Spouse

After you file your complaint with the court, you must formally notify your spouse about the divorce. This legal notification process is called "service of process." Properly serving your spouse ensures they have fair notice of the divorce case and an opportunity to respond.

Methods of Service

Michigan law provides several ways to serve divorce papers on your spouse:

Service by Acknowledgment

The easiest method is having your spouse agree to accept the documents. If your spouse is cooperative, they can sign the Acknowledgment of Service form (found on the second page of the Summons). Once signed, you file this document with the court clerk. This method is simple, free, and avoids potential conflicts.

Service by Mail

You can have someone who is at least 18 years old and not involved in your case mail the divorce papers to your spouse using registered or certified mail with return receipt requested. The person who mails the documents must complete and sign a Proof of Service form, which you then file with the court.

Personal Service

Another option is having an adult who isn't involved in your case hand-deliver the papers directly to your spouse. This person must be someone other than you, you cannot serve the papers yourself. After delivering the documents, the server completes a Proof of Service form that you file with the court.

Important Service Deadlines

You must serve the divorce papers within 90 days after filing your complaint. If you don't serve your spouse within this timeframe, the court may dismiss your case, and you'll have to start over. Keep track of this deadline and make arrangements for service as soon as possible after filing.

Once your spouse receives the divorce papers, they have a deadline to respond. If served in person, your spouse has 21 days to file an answer with the court. If served by mail or served while living outside Michigan, they have 28 days to respond.

Uncontested vs. Contested Divorce

Michigan divorces fall into two main categories: uncontested and contested. Understanding the difference helps you know what to expect and how long your divorce might take.

Uncontested Divorce in Michigan

An uncontested divorce means you and your spouse agree on all major issues in your divorce. This includes agreement on property division, debt allocation, spousal support (if any), and, if you have children, custody, parenting time, and child support. When everything is agreed upon, you can file what's called a joint petition for divorce or a petition for consent judgment.

Uncontested divorces move through the court system much faster and cost significantly less than contested divorces. You avoid the expense of multiple court hearings, extensive lawyer fees, and the emotional drain of fighting in court. If you can work with your spouse to reach agreements, an uncontested divorce offers major advantages.

Contested Divorce in Michigan

A contested divorce occurs when you and your spouse cannot agree on one or more important issues. Even if you agree the marriage should end, disagreements about property, support, or children make your divorce contested. In these cases, you'll need to file and serve a complaint, and your spouse will likely file an answer responding to your complaint.

Contested divorces involve more steps, including:

• Discovery (exchanging financial information and documents)
• Negotiations between attorneys
• Possible mediation sessions
• Settlement conferences with the judge
• Potentially a trial if you cannot reach agreements

The divorce process becomes longer, more expensive, and more stressful when issues are contested. However, sometimes disagreements are unavoidable, especially when significant assets, children, or safety concerns are involved.

What Happens After Your Spouse Is Served

Once your spouse receives the divorce papers, several things can happen depending on how they respond. Understanding these possibilities helps you prepare for the next steps in your case.

If Your Spouse Files an Answer

If your spouse wants to participate in the divorce case, they must file an Answer with the court within their deadline (21 or 28 days, depending on how they were served). The Answer is a document that responds to each paragraph in your Complaint for Divorce. Your spouse will indicate which parts they agree with and which parts they dispute.

When your spouse files an Answer, your case becomes officially contested on any issues where you disagree. At this point, the divorce process will involve negotiations, possibly mediation, and potentially court hearings to resolve disputed issues. If you haven't already hired an attorney and major disagreements exist, this is a good time to consider getting legal help.

If Your Spouse Does Not Respond

If your spouse does not 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. This document essentially says your spouse had the opportunity to respond but chose not to participate.

After the clerk signs the Default Request and Entry, your spouse is "defaulted," meaning they cannot participate in the divorce case unless they successfully ask the judge to set aside the default. If your spouse remains in default, you can proceed with your divorce and ask the judge to grant the terms you requested in your complaint.

However, a default doesn't mean automatic approval of everything you want. The judge must still review your proposed divorce judgment to ensure the terms are fair and follow Michigan law. For example, property division must still be equitable, and if children are involved, custody arrangements must serve their best interests.

Temporary Orders During the Divorce

While your divorce is pending, the court can issue temporary orders that establish rules for how things work until the divorce is finalized. These temporary orders are especially common when you have minor children, but they can apply to any case.

Temporary orders might address:

• Where the children will live and the parenting time schedule
• Temporary child support payments
• Who stays in the marital home
• Temporary spousal support
• How bills and debts get paid
• Restrictions on selling or hiding assets

You can request temporary orders by filing a motion with the court, or you and your spouse can agree on temporary arrangements. These orders remain in effect until your divorce is finalized or until the court changes them.

Michigan's Mandatory Waiting Periods

Michigan law requires 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 do not 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.

During this 60-day period, you and your spouse can negotiate terms, complete required paperwork, and prepare for your final hearing. If you file an uncontested divorce, you might be able to finalize everything right at the end of the 60-day period, depending on court scheduling.

Waiting Period With Minor Children

If you and your spouse have minor children together, Michigan requires a much longer waiting period, 180 days (six months) from the filing date. This extended waiting period recognizes that divorces involving children require more careful consideration and planning.

The six-month waiting period gives parents time to develop custody arrangements and parenting time schedules that work well for their children. It also allows time for mediation and negotiations about child-related issues.

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 can show that waiting the full six months would cause "unusual hardship" 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 to less than 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.

Mediation and Alternative Dispute Resolution

Michigan courts strongly encourage divorcing couples to try resolving their disagreements through mediation rather than fighting in court. Mediation offers a less confrontational way to reach agreements on contested issues in your divorce case.

How Mediation Works

Mediation involves meeting with a neutral third person called a mediator who helps you and your spouse communicate and negotiate. The mediator doesn't make decisions for you or take sides. Instead, they facilitate productive conversations and help you find solutions that work for both of you.

During mediation sessions, you and your spouse discuss the issues you disagree about, such as property division, spousal support, custody, or parenting time. The mediator asks questions, offers suggestions, and helps you explore different options. If you reach agreements, the mediator helps you document those agreements in writing.

Benefits of Mediation:

• Costs significantly less than going to trial
• Gives you control over the outcome rather than having a judge decide
• Usually resolves issues faster than court proceedings
• Keeps your divorce details private instead of public court records
• Reduces conflict and stress compared to courtroom battles
• Often leads to better long-term relationships, especially important when co-parenting

Court-Ordered Mediation

Michigan courts typically order mediation in most divorce cases unless domestic violence is involved. The court may assign you to a mediator, or you and your spouse can agree on a private mediator. Generally, both parties split the cost of mediation fees.

You might attend mediation with or without attorneys present, depending on what works best for your situation. Some couples prefer having their lawyers there for guidance, while others find it easier to talk directly without attorneys in the room.

When Mediation Isn't Appropriate

Mediation is not recommended or required in cases involving domestic violence. If you or your spouse has a personal protection order against the other, or if there's been abuse in your relationship, tell the court. The judge will excuse you from mediation requirements in these situations.

Mediation works best when both spouses can safely negotiate and express their needs. If fear, control, or threats are part of your relationship, mediation may not result in fair agreements. In these cases, having the protection of attorneys and the court system becomes essential.

What Gets Decided in Your Michigan Divorce

Your divorce will resolve several important issues that affect your future. Understanding what the court must decide helps you prepare for negotiations or court proceedings.

Property and Debt Division

Michigan law requires that marital property and marital debt be divided fairly between spouses. "Fairly" doesn't necessarily mean equally, the court aims for equitable distribution based on your specific circumstances.

Marital property includes most assets acquired during your marriage, regardless of whose name is on the title. This might include your home, vehicles, retirement accounts, investment accounts, furniture, and other belongings. Marital debt includes mortgages, car loans, credit card balances, and other debts accumulated during the marriage.

When deciding how to divide property and debt, judges consider factors like:

• How long you were married
• What each spouse contributed to acquiring marital assets
• Each spouse's age and health
• Your standard of living during the marriage
• Each person's earning ability and financial needs
• Fault or misconduct during the marriage

Property owned before marriage or inherited by one spouse during the marriage is usually considered separate property and stays with that spouse. However, separate property can become marital property if it gets mixed with marital assets or if both spouses contributed to its value.

Spousal Support (Alimony)

Spousal support, also called alimony, provides financial assistance from one spouse to the other after divorce. Not every divorce includes spousal support, it depends on whether one spouse needs support and whether the other spouse has the ability to pay.

Michigan judges have discretion in awarding spousal support. They consider factors such as:

• Length of the marriage (support more likely in longer marriages)
• Each spouse's age and health
• Earning ability and employment history
• Standard of living during marriage
• Conduct and contributions during the marriage

Spousal support can be temporary (for a set period) or permanent (continuing indefinitely). It typically ends if the receiving spouse remarries. The court can modify support later if circumstances change significantly.

Child Custody and Parenting Time

If you have minor children, your divorce must address custody and parenting time. Michigan recognizes both legal custody (the right to make important decisions about your children) and physical custody (where your children live).

Custody can be sole (one parent has custody) or joint (parents share custody). The court determines custody based on the "best interests of the child," considering twelve specific factors outlined in Michigan law. These factors include the emotional bonds between parent and child, each parent's ability to provide for the child's needs, the child's adjustment to their home and school, and more.

Parenting time refers to the schedule for when children spend time with each parent. Courts encourage meaningful relationships with both parents unless safety concerns exist. You and your spouse can create your own parenting time schedule, or if you can't agree, the court will establish one based on what's best for your children.

Child Support

Michigan requires parents to financially support their minor children. 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 arrangements.

Unlike spousal support, child support follows a specific formula with little room for deviation. The court must order child support according to the formula unless the calculated amount would be unfair or inappropriate in your specific situation.

The Final Hearing and Judgment of Divorce

Every divorce in Michigan requires at least one court hearing before the judge can finalize your divorce. Even in uncontested cases where you and your spouse agree on everything, you must appear before the judge.

What Happens at the Final Hearing

The final hearing is typically brief, especially in uncontested divorces. The judge will ask you questions to confirm:

• That you meet Michigan's residency requirements
• 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
• That you understand the terms of your divorce settlement (if uncontested)
• That the proposed judgment is fair and follows Michigan law

In contested cases where you couldn't reach a full agreement, your final hearing might be longer or you might have a trial where the judge hears evidence and testimony before making decisions.

The Judgment of Divorce

The Judgment of Divorce is the official legal document that ends your marriage and outlines all terms of your divorce. It includes decisions about property division, debt allocation, spousal support (if any), and if you have children, custody arrangements, parenting time schedules, and child support.

Both you and your spouse will have the opportunity to review the Judgment of Divorce before it's entered with the court. In uncontested cases, you'll both sign it to show your agreement. Once the judge signs the Judgment of Divorce, your marriage is officially over and the terms become legally binding.

The Judgment of Divorce is a court order, which means both parties must follow it. If your former spouse doesn't comply with the judgment's terms, you can file a motion asking the court to enforce the order.

Getting Help With Your Michigan Divorce

While Michigan allows you to represent yourself in a divorce case, you don't have to navigate this process alone. Various resources and support options are available depending on your needs and budget.

Free and Low-Cost Resources

Michigan Legal Help provides extensive free resources for people going through divorce, including:

• Step-by-step instructions for filing
• Do-It-Yourself form preparation tools
• Informational articles and videos
• Court form templates

Legal Aid Organizations offer free legal services to people with low incomes. If you qualify based on your income level, you might receive free assistance from an attorney. Use the Guide to Legal Help on Michigan Legal Help to find legal aid services in your county.

Court Self-Help Centers in many Michigan counties provide free help with divorce forms and procedures. Court staff cannot give legal advice, but they can explain court processes and help you fill out forms correctly.

When to Hire an Attorney

Consider consulting with or hiring an attorney if your divorce involves:

• Significant assets or complex property
• Business ownership or professional practices
• Retirement accounts and pensions
• Disagreements about child custody
• Concerns about domestic violence
• A spouse who is hiding assets or income
• Contested issues you cannot resolve through negotiation

Even if you can't afford to hire an attorney for your entire case, many lawyers offer limited scope representation. This means you can hire an attorney to help with specific parts of your case, such as reviewing documents or representing you at particular hearings, while you handle other parts yourself.

Moving Forward With Confidence

Filing for divorce in Michigan involves multiple steps, legal requirements, and important decisions that will affect your future. While the process might feel overwhelming at first, understanding Michigan's divorce laws and procedures helps you know what to expect and how to prepare.

Remember that every divorce is unique. Your timeline might be shorter or longer than average, depending on whether your divorce is contested, how complex your assets are, and how well you and your spouse can communicate and negotiate. The mandatory waiting periods, 60 days without children or 180 days with minor children, represent the absolute minimum, but most divorces take longer to fully resolve all issues.

Whether you're pursuing an uncontested divorce through agreement with your spouse or facing a contested case with disagreements to resolve, taking the divorce process one step at a time makes it more manageable. Start by confirming you meet the residency requirements, gathering your financial documents and information about assets and debts, and filing your complaint to begin the process.

Don't hesitate to seek help when you need it. Whether that means using Michigan Legal Help's free tools, consulting with an attorney, or working with a mediator, support is available to help you navigate filing for divorce in Michigan successfully. With the right information and resources, you can move through this challenging time and toward your new beginning with confidence.