How to File for Divorce in Michigan 2026: Complete Guide

Michigan is a pure no-fault divorce state, meaning you don't need to prove wrongdoing to end your marriage. Understanding Michigan's residency requirements, mandatory waiting periods, property division rules, and the court process will help you navigate your divorce efficiently.

Michigan's No-Fault Divorce Law

Michigan adopted no-fault divorce in 1972 (MCL 552.6). The only ground for divorce is:

"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."

• No need to prove fault, adultery, or wrongdoing
• Either spouse can file unilaterally
• Courts cannot deny divorce even if one spouse contests
• Fault CAN be considered in property division and spousal support decisions

Residency Requirements

Before filing for divorce in Michigan (MCL 552.9):

• Either you OR your spouse must have lived in Michigan for at least 180 days (6 months) immediately before filing
• You must have lived in the county where you're filing for at least 10 days before filing
• File in circuit court of the county where either spouse resides

Mandatory Waiting Periods

Michigan law requires mandatory waiting periods before a divorce can be finalized:

Without Minor Children (MCL 552.9f)

• Minimum: 60 days from date of filing
• Cannot be waived (even if both parties agree)
• Final judgment cannot be entered before 60 days

With Minor Children (MCL 552.9f)

• Minimum: 6 months from date of filing
• Can be reduced to 60 days in "unusual hardship or compelling necessity"
• Requires motion and good cause showing to waive
• Rarely granted unless extreme circumstances

Step-by-Step Filing Process

Step 1: Prepare Filing Documents

Complete and file these forms with circuit court:

• Complaint for Divorce (includes ground and what you're asking for)
• Summons (notifies spouse of lawsuit)
• Verified Statement (your financial information)
• Uniform Child Custody Jurisdiction Enforcement Act Affidavit (if children)
• Friend of the Court forms (required in most counties if children or support involved)

Step 2: File with Circuit Court

• File in circuit court where you or spouse resides
• Filing Fee: Approximately $175-$230 (varies by county)
• Fee waiver available if indigent (file MC 20)
• Receive case number and stamped copies

Step 3: Serve Your Spouse

Michigan requires proper service (MCR 2.105):

• Personal Service: Process server or sheriff delivers papers
• Certified Mail: Spouse must sign acknowledgment of service
• Publication: If spouse cannot be located (requires court permission)
• Spouse has 21 days to respond (28 days if outside Michigan)

Step 4: Spouse's Response (or Default)

• If spouse responds: Files Answer agreeing or disagreeing with terms
• If no response: You can request default after deadline passes
• Appearance waiver: Spouse can waive service and right to respond

Step 5: Discovery and Settlement

• Exchange financial information
• Negotiate settlement on property, custody, support
• Friend of the Court may require mediation
• Most divorces settle without trial

Step 6: Final Hearing

Uncontested:

• Brief hearing (15-30 minutes)
• Present settlement agreement to judge
• Judge asks questions to ensure understanding and fairness
• Judge signs Judgment of Divorce

Contested:

• Trial before judge (no jury in Michigan divorce cases)
• Present evidence and testimony
• Judge decides all disputed issues
• Judge issues Judgment of Divorce with findings

Step 7: Judgment of Divorce

Divorce becomes final when:

• Judge signs Judgment of Divorce
• Judgment is entered with county clerk
• 21-day appeal period expires (or appeals resolved)
• Either party can remarry after judgment entered

Property Division

Michigan uses equitable distribution (MCL 552.19), not community property:

Marital vs. Separate Property

Marital Property (Subject to Division):

• All property acquired during marriage by either spouse
• Increase in value of separate property due to active efforts
• Retirement benefits earned during marriage
• Businesses started or grown during marriage

Separate Property (Generally Not Divided):

• Property owned before marriage
• Inheritance or gifts to one spouse
• Property acquired after judgment (date of separation in Michigan)
• Property designated separate in prenuptial agreement

How Courts Divide Property

Michigan courts aim for fair division considering:

• Duration of marriage
• Contributions of each party to marital property
• Age, health, and needs of parties
• Earning ability and income sources
• Cause of breakdown (fault CAN be considered)
• Custodial parent's need for marital home
• General principles of equity

Special Rule - Lengthy Marriages: Courts often start with presumption of 50/50 for marriages over 10 years

Spousal Support (Alimony)

Michigan courts may award spousal support (MCL 552.13) based on:

Factors Considered

• Past relationship and conduct of parties
• Length of marriage
• Ability of parties to work
• Source and amount of property awarded
• Age and health of parties
• Needs of parties
• Earning abilities
• General principles of equity

Types and Duration

• Temporary: During divorce proceedings
• Rehabilitative: Set period for education/training
• Permanent: Long-term or until remarriage/death (rare, typically very long marriages)

Modification and Termination

Alimony ends upon:

• Death of either party
• Remarriage of recipient (unless otherwise agreed)
• End of specified term
• Cohabitation (may be grounds for modification)

Child Custody

Michigan uses "best interests of the child" standard (MCL 722.23):

Types of Custody

Legal Custody:

• Right to make major decisions (education, healthcare, religion)
• Can be joint or sole

Physical Custody:

• Where child lives
• Can be joint (substantial time with both) or primary with one parent

Best Interest Factors (12 Total)

Michigan law requires courts to consider all 12 factors equally (MCL 722.23):

1. Love, affection, and emotional ties between child and each parent
2. Capacity and disposition to give love, affection, guidance
3. Capacity and disposition to provide food, clothing, medical care, necessities
4. Length of time child has lived in stable, satisfactory environment
5. Permanence of family unit
6. Moral fitness of parties
7. Mental and physical health of parties
8. Home, school, and community record of child
9. Reasonable preference of child (if sufficient age)
10. Willingness to facilitate relationship with other parent
11. Domestic violence regardless of whether witnessed
12. Any other relevant factor

Child's Preference

Michigan does not set specific age, but courts consider preference based on:

• Child's age and maturity
• Reasons for preference
• Whether preference appears coached
• Typically given weight at age 12+

Child Support

Michigan uses state formula based on MCL 552.1 and MCL 552.605:

Calculation Factors

• Both parents' gross income
• Number of children
• Parenting time (overnights with each parent)
• Childcare costs
• Health insurance premiums
• Uninsured medical expenses

Michigan Child Support Formula (MCSF)

Michigan provides online calculator at MiChildSupport

Duration

Child support continues until:

• Child reaches age 18, OR
• Age 19.5 if child is still in high school and regularly attending
• Child becomes emancipated
• Child is adopted by another person

Friend of the Court (FOC)

Michigan's unique FOC system assists with custody and support issues:

FOC Responsibilities

• Investigate and recommend custody and parenting time
• Calculate child support
• Enforce custody and support orders
• Provide mediation services
• Monitor compliance

Opting Out of FOC

Parties can request to opt out if:

• No domestic violence history
• Both parties agree
• No public assistance received
• Must still follow court orders

Divorce Costs in Michigan

Frequently Asked Questions

How long does a divorce take in Michigan?

Minimum 60 days for couples without minor children, 6 months with minor children. Uncontested divorces often finalize right after waiting period. Contested divorces take 9-18 months or longer depending on complexity and court schedules.

Can my spouse stop the divorce in Michigan?

No. Michigan is a pure no-fault state. If one spouse wants a divorce, the court will grant it after the waiting period. Your spouse can contest property division, custody, or support, but cannot prevent the divorce itself.

Do I need a lawyer for a Michigan divorce?

Not required. You can represent yourself (pro se), especially for simple uncontested divorces. However, attorneys are advisable for complex property, contested custody, or when significant assets/debts are involved. Many courts offer self-help resources.

Is Michigan a 50/50 divorce state?

Michigan uses equitable distribution (fair, not necessarily equal). For long marriages (10+ years), courts often start with 50/50 presumption. Shorter marriages or those with significant separate property may result in unequal divisions based on fairness factors.

What is the Friend of the Court in Michigan?

The Friend of the Court (FOC) is a unique Michigan agency that helps with custody, parenting time, and support issues. FOC investigates, makes recommendations, enforces orders, and provides mediation. Parties can opt out in limited circumstances.