How Long Does a Divorce Take in Michigan? The 60-Day and Six-Month Waiting Periods

Michigan's waiting period runs from the day the case is filed, not from separation or service. No proofs or testimony may be taken until 60 days have passed, or 6 months if there are children under 18. Everything else adds to that floor.

The statute

MCL 552.9f sets both periods:

No proofs or testimony shall be taken in any case for divorce until the expiration of 60 days from the time of filing the bill of complaint, except where the cause for divorce is desertion, or when the testimony is taken conditionally for the purpose of perpetuating such testimony. In every case where there are dependent minor children under the age of 18 years, no proofs or testimony shall be taken in such cases for divorce until the expiration of 6 months from the day the bill of complaint is filed. In cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court, upon petition and proper showing, it may take testimony at any time after the expiration of 60 days from the time of filing the bill of complaint.

The reference to desertion is a leftover: desertion stopped being a separate ground for divorce in 1972. The court rule says the same thing in plainer terms (MCR 3.210(A)).

Six months, not 180 days. The child wait is six calendar months from filing. Don't confuse it with the residency rule, which asks for 180 days in Michigan before filing.

Shortening the six months

If you have children, a judge can take testimony earlier "In cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court," on a motion and a proper showing, but never before 60 days have passed. Parents agreeing isn't enough by itself; the court has to find hardship or necessity. In a joint petition, the request can be made in the petition itself.

Other clocks in a Michigan divorce

• Serving the summons. "A summons expires 91 days after the date the summons is issued" (MCR 2.102). A second summons can be issued for good cause.
• The answer. 21 days after personal service in Michigan; 28 days after service by mail or outside Michigan (MCR 2.108).
• Financial information. Each spouse serves the verified financial information form within 28 days after the defendant's first responsive pleading, unless both waive it (MCR 3.206(C)).
• Joint petitions. The hearing can't be set "sooner than 60 days after the date of the notice of filing" (MCR 3.223).
• Contested custody. A contested custody hearing must be held within 56 days, and the decision entered within 28 days after the hearing, though the court can extend these for good cause (MCR 3.210(C)).

How long it really takes

The statute sets minimums. An uncontested divorce without children often finishes soon after the 60 days if the papers are ready and the court has a date. With children, six months is the usual floor. A contested case with custody, a business or retirement accounts to value can take a year or more. No official statewide average exists.

When is the divorce final?

When the judge signs the judgment: under the court rules, the date of signing is the date of entry (MCR 2.602). The judgment must then be served on the other parties within 7 days.

Reconsideration or new trial: motions are due within 21 days (MCR 2.119(F), MCR 2.611). Appeal: a claim of appeal to the Court of Appeals is due within 21 days after the judgment, or after an order deciding a timely post-judgment motion; the deadline is jurisdictional (MCR 7.204(A)). Relief from judgment under MCR 2.612 must be sought within a reasonable time, and within one year for mistake, newly discovered evidence or fraud.

Remarriage

Michigan has no waiting period to remarry. The old remarriage statute, MCL 552.46, was repealed effective January 1, 1972.

Where these sections live

• MCL 552.9f — Waiting periods
• MCR 3.210 — Hearings and trials
• MCR 3.223 — Joint petition
• MCR 2.102 — Summons
• MCR 2.108 — Time to answer
• MCR 2.602 — Entry of judgment