Uncontested Divorce in Michigan: Joint Petition, Agreed Judgment and Default

Michigan is a pure no-fault state, and most divorces end without a trial. There are three ways to reach an agreed judgment, plus default when a spouse doesn't respond. Each still runs on Michigan's waiting period, and except in the collaborative route each ends at a short court hearing.

Which route fits your case?

The one ground for divorce

Michigan has a single ground, set out in MCL 552.6(1):

(1) A complaint for divorce may be filed in the circuit court upon the allegation 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. In the complaint the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language.

You don't explain what went wrong, and you don't need to have separated first. Your spouse can admit or deny the ground, but "An admission by the defendant of the grounds for divorce may be considered by the court but is not binding on the court's determination" (552.6(2)). The judge grants the divorce "if evidence is presented in open court" that the breakdown has occurred (552.6(3)). Michigan's old fault grounds were repealed effective January 1, 1972.

Route 1: joint petition for a consent judgment

Spouses who have already agreed on everything can file together under MCR 3.223, with no limit on income, property, children or the length of the marriage.

• What you file. One petition (CCFD 25) signed by both spouses, a signed proposed judgment that meets the court rule on judgments, and a separate domestic violence screening form (MC 282a) from each of you. With children, add the Friend of the Court forms.
• No summons. The petition serves as both complaint and answer. The clerk issues a notice of filing, which must be served.
• The hearing. "The hearing date may not be scheduled sooner than 60 days after the date of the notice of filing," and "Except when a consent judgment is derived through MCR 3.222, both petitioners shall be present for this hearing." The petition can ask the court to waive the six-month wait for cases with children; the 60-day minimum still applies.
• Either spouse can stop it. If either of you objects before the judgment is entered, the case is dismissed.

Route 2: complaint, then an agreed judgment

The ordinary route works for agreed cases too. One spouse files a complaint and has the other served. You exchange the financial information form, settle, and present a consent judgment at a short hearing where the filing spouse testifies to the ground. Many Michigan courts allow video appearances; ask yours.

Route 3: collaborative law

In a collaborative law case, each spouse hires a collaborative lawyer and both agree to settle outside court. If the process ends in agreement, the case is filed by petition under MCR 3.222, and "At its discretion, the court may conduct a hearing before entering the final judgment or final order." That's the one Michigan route in which the court rules don't require a hearing, though a judge may still hold one, and the statute's "open court" requirement in MCL 552.6(3) hasn't been reconciled with the rule.

When your spouse won't answer: default

1. Serve your spouse. Any competent adult who isn't a party may deliver the summons and complaint, or you may use registered or certified mail with delivery restricted to your spouse. "A summons expires 91 days after the date the summons is issued," so serve promptly.
2. Wait for the answer period. Your spouse has 21 days after being handed the papers in Michigan, or 28 days after service by mail or outside Michigan (MCR 2.108).
3. Request a default. File a verified Default Request and Entry (MC 07); the clerk enters the default and your spouse must be notified. MCR 3.210(B) governs defaults in divorce cases.
4. Serve the proposed judgment. Serve the motion, notice of hearing and proposed judgment at least 14 days before the hearing.
5. Prove your case. At the hearing you testify in open court; a default doesn't entitle you to whatever you asked for, and the court must be satisfied about any children and property. Military-status affidavits are required before judgment.
6. Serve the judgment within 7 days after it is entered.

A defaulted spouse can ask to set the judgment aside within 21 days on good cause, and later under the general relief rule. Don't let the case stall: a case without progress can be dismissed, and an unserved defendant is dismissed when the summons expires.

If you can't find your spouse, ask the court for alternate service by verified motion describing your search. Service by publication runs once a week for three consecutive weeks, with a copy mailed to the last known address (MCR 2.106).

The financial information form

Unless both spouses waive it in writing, or file a signed settlement at the start, each spouse must serve the other with the Domestic Relations Verified Financial Information Form (CC 320) within 28 days after the defendant's first responsive pleading. It is exchanged, not filed. The form itself says: "Do not file this document with the court." Only the proof of service is filed (MCR 3.206(C)).

No automatic restraining order

Michigan has no statewide order that freezes property when a divorce is filed. To protect assets or arrange custody and support while the case is pending, ask the court for temporary or ex parte orders under MCR 3.207, or for a personal protection order if there is abuse.

Where these sections live

• MCL 552.6 — Ground for divorce
• MCR 3.223 — Joint petition for a consent judgment
• MCR 3.222 — Collaborative law
• MCR 3.210 — Hearings, trials and default
• MCR 3.206 — Initiating a case; financial disclosure
• MCR 2.105 — Service of process