Divorce in Michigan: How It Works, Step by Step (2026 Guide)
Michigan family law · Last reviewed October 23, 2026
Michigan is a no-fault state with one ground for divorce, statewide filing fees, and a waiting period that runs from filing: 60 days, or six months with children under 18. The circuit court's family division hears divorces, and in cases with children the county Friend of the Court plays a large role in custody and support.
This guide walks through the whole process. Each topic links to a deeper page, and every legal statement cites the statute, rule or official source behind it. Michigan's divorce law is in chapter 552 of the Michigan Compiled Laws; custody is governed by the Child Custody Act of 1970; and procedure comes from the Michigan Court Rules, especially the domestic relations rules in subchapter 3.200.
Michigan divorce at a glance
| Question | Answer | Source |
|---|---|---|
| Residency | Either spouse: 180 days in Michigan and 10 days in the county, before filing | MCL 552.9 |
| Ground | One, no-fault: breakdown of the marriage | MCL 552.6 |
| Waiting period | 60 days from filing; 6 months with children under 18 | MCL 552.9f |
| Filing fee | $175; $255 with custody or parenting time; $215 with support only | MCL 600.2529, 600.1986 |
| Time to answer | 21 days after personal service; 28 days by mail or out of state | MCR 2.108 |
| Agreed route | Joint petition for a consent judgment | MCR 3.223 |
| Default | Allowed, with notice and proofs in open court | MCR 3.210(B) |
| Property | Equitable distribution; separate property reached only for need or contribution | MCL 552.19, 552.23, 552.401 |
| Spousal support | No formula; case-law factors | MCL 552.23 |
| Child support | 2025 Michigan Child Support Formula | MCL 552.605 |
| Custody | Twelve best-interest factors; no 50/50 presumption | MCL 722.23 |
| Remarriage | No waiting period |
Who can file
MCL 552.9(1) requires that the complainant or defendant "has resided in this state for 180 days immediately preceding the filing of the complaint," and that one of them has lived in the filing county for 10 days before filing. Only one spouse needs to qualify, and you may file in the county where your spouse lives.
Michigan courts treat these requirements as essential: "The statutory residency requirements are jurisdictional, and a divorce is void if it does not comply with the residency requirements" (Ramamoorthi v Ramamoorthi, 2018). Don't file early.
The 10-day county rule is waived only when all of these are stated in the complaint: the defendant was born in or is a citizen of another country, the parties have a minor child, and there's a risk the child will be taken out of the United States and kept abroad (552.9(2)). If the defendant isn't domiciled in Michigan, other conditions apply, including proof that the couple lived together in Michigan or that the plaintiff has lived here in good faith for a year (552.9f).
The ground
"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" (MCL 552.6(1)). That is the only ground; Michigan's fault grounds were repealed effective January 1, 1972. Your spouse doesn't have to agree, and a denial doesn't bind the court. You don't need to have separated first.
Which Michigan divorce route fits your case?
A quick sort using Michigan’s residency rule (MCL 552.9) and the court rules. A starting point, not advice.
Step by step
1. File the complaint, or a joint petition
The plaintiff files a complaint for divorce in the circuit court, with the confidential case inventory, and, with children, the custody jurisdiction affidavit and the Friend of the Court verified statement. Spouses who agree on everything can file a joint petition instead. See forms and cost. The complaint isn't public until proof of service is filed (MCL 552.6a).
2. Serve your spouse
A competent adult who isn't a party delivers the summons and complaint, or you mail them by registered or certified mail restricted to your spouse. The summons expires 91 days after it's issued.
3. The answer, or a default
Your spouse has 21 days to answer after personal service in Michigan, 28 days after mail or out-of-state service. If there's no answer, you can request a default and proceed to a hearing. See uncontested divorce.
4. Temporary orders
Either spouse can ask for temporary support, custody, parenting time and orders preserving property (MCL 552.13–552.15; MCR 3.207). Michigan has no automatic restraining order on filing. Since September 1, 2025, an emergency order that could change a child's established custodial environment requires an evidentiary hearing within 21 days.
5. Financial disclosure
Each spouse serves the other with the verified financial information form within 28 days after the first answer, unless both waive it.
6. Children: the Friend of the Court, mediation and classes
The Friend of the Court may investigate and recommend on custody, parenting time and support, and the court may order mediation. Some counties require a parenting class. See custody.
7. Settlement or trial
Most cases settle in a consent judgment. If not, the court holds a trial on the issues still in dispute.
8. The judgment
No proofs may be taken until the waiting period ends. At the final hearing the filing spouse testifies in open court, and the judge signs a judgment that must address property, pensions and insurance, spousal support (a judgment silent on it reserves it), and any custody and support. The divorce is final when the judgment is signed. See how long it takes.
Money and children: how Michigan decides
Property. Equitable distribution under the nine Sparks factors; separate property is reached only for need or contribution. See property division.
Spousal support. No formula; the court balances the spouses' needs and abilities under case-law factors. See spousal support.
Child support. The 2025 Michigan Child Support Formula, with an overnight offset and a $1,255 low-income threshold. See child support.
Custody. Twelve best-interest factors, joint custody if the parents agree, and the 100-mile rule. See custody and parenting time.
Separate maintenance, annulment and common-law marriage
Separate maintenance is Michigan's version of legal separation. It is filed "in the same manner and on the same grounds as an action for divorce" (MCL 552.7(1)), and provides support and property orders without ending the marriage. If the other spouse counterclaims for divorce, the court enters a divorce instead.
Annulment is available for limited causes such as a prior existing marriage, a prohibited relationship, lack of capacity, being underage, or force or fraud (MCL 552.1–552.4); cohabitation after learning the truth can bar a force or fraud claim.
Common-law marriage can't be formed in Michigan: "Consent alone is not enough to effectuate a legal marriage on and after January 1, 1957" (MCL 551.2).
Protection orders
A personal protection order can be sought at any time, in or out of a divorce case. "There are no fees for filing a personal protection action, and no summons is issued" (MCR 3.703(A)). A court in a divorce case can also issue one on motion (MCL 552.14).
After the judgment
- Remarriage: no waiting period.
- Name: MCL 552.391 lets the judgment restore the wife's birth name or a former surname, or allow another surname, if there's no intent to defraud; the statute is still written for wives only. Anyone else uses a separate name-change case, which Michigan simplified effective April 2, 2025.
- Records: certified judgments come from the county clerk; state divorce records from MDHHS. See records.
- Changes: custody, parenting time and child support can be modified on the statutory standards, and spousal support can generally be revised on petition unless the judgment clearly made it nonmodifiable.
What's new in Michigan divorce law
No section of Michigan's divorce statute, the Child Custody Act or the fee statutes has been amended since 2024. The changes have come from the courts and related laws:
| Effective | Change | Law |
|---|---|---|
| Jan. 1, 2025 | New Michigan Child Support Formula: $1,255 low-income threshold, $200 ordinary medical, 10%/90% limits removed | 2025 MCSF |
| Apr. 2, 2025 | Assisted Reproduction and Surrogacy Parentage Act and related parentage laws; a later divorce doesn't undo a signed surrogacy agreement | 2024 PA 24–32 |
| Apr. 2, 2025 | Name-change procedure simplified | 2024 PA 229 |
| Sept. 1, 2025 | Evidentiary hearing required before an order that could change a child's established custodial environment; ex parte orders get a hearing within 21 days | ADM File 2021-27 (MCR 3.207, 3.210) |
| Nov. 2025 | Uniform child support order forms revised; old versions allowed only until Feb. 6, 2026 | SCAO |
| Jan. 28, 2026 | Further clarifications to the ex parte custody notice and hearing rules | ADM File 2025-42 (MCR 3.207) |
| May 1, 2026 | Rule on service by publication updated | ADM File 2022-31 (MCR 2.106) |
| May 9, 2026 | New ex parte objection form required; new motion to modify or rescind an ex parte order | FOC 61, FOC 61a |
| Oct. 14, 2026 | Informal domestic relations docket pilot adopted for four circuit courts, starting by Jan. 1, 2027 | AO 2026-5 |
| Jan. 1, 2027 | Mediation and other ADR may be held by videoconference | MCR 2.410 |
Pending, not law. House Bills 5211–5213 would create a presumption of equal or approximately equal parenting time; the House Judiciary Committee reported them on June 24, 2026, but neither chamber has passed them. Senate Bill 160, the Uniform Premarital and Marital Agreements Act, passed the Senate on May 7, 2025 and is pending in the House. A proposed court rule on cases involving abusive relationships (MCR 3.231) is open for comment until January 1, 2027. Unpassed bills die at the end of the session on December 31, 2026.
Common myths about divorce in Michigan
| Myth | What the law says |
|---|---|
| You must be separated before filing. | No. The waiting period runs from filing (MCL 552.9f). |
| My spouse can block the divorce. | No. A denial of the ground doesn't bind the court (MCL 552.6(2)). |
| Michigan is a community property state. | No. It's equitable distribution (MCL 552.19). |
| The six-month wait is 180 days. | It's six calendar months from filing; 180 days is the residency rule. |
| There's an extra $80 judgment fee. | No. The filing fees cover all clerk, entry and judgment fees (MCL 600.2529(2)). |
| Joint custody means 50/50 and no support. | Neither (MCL 722.26a). |
| A child chooses at 14. | Michigan sets no age (MCL 722.23(i)). |
| Living together for years creates a common-law marriage. | Not since 1957 (MCL 551.2). |
| The state can send me my divorce decree. | MDHHS issues a divorce record; the judgment comes from the county clerk. |
Frequently asked questions
How long do you have to live in Michigan to get a divorce?
One spouse must have lived in Michigan for 180 days, and one spouse in the filing county for 10 days, immediately before filing.
How long does a divorce take in Michigan?
At least 60 days from filing without children, and at least six months with children under 18 unless a judge shortens it for hardship. Contested cases take longer.
How much does it cost to file for divorce in Michigan?
$175 without children, or $255 when custody or parenting time is involved. Fees can be waived for low-income filers.
Is Michigan a no-fault divorce state?
Yes. The only ground is a breakdown of the marriage. Fault can still matter in dividing property and setting spousal support.
Is Michigan a 50/50 divorce state?
No. Property is divided equitably, which can be equal but needn't be, and there's no presumption of equal parenting time.
Can I get divorced in Michigan without a lawyer?
Yes. Many people do, using court self-help centers and the SCAO forms. The complaint and judgment must be drafted to meet the court rules, so cases with children, pensions or a business are worth a lawyer's review.