To file for divorce in Michigan, one spouse must have lived in the state for at least 180 days and in the filing county for at least 10 days, then file a Complaint for Divorce in the family division of that county’s circuit court. From there, you serve your spouse, wait through a statutory cooling-off period, and resolve custody, support, and property before a judge signs the final Judgment of Divorce. The minimum timeline is 60 days without minor children and six months with them.1Michigan Legislature. Michigan Code 552.9f – Divorce, Taking of Testimony, Minor Children
Do You Meet the Residency Requirements
Michigan won’t hear your case unless one of you has lived in the state for at least 180 days and in the county where you’re filing for at least 10 days. Either spouse can satisfy those periods — the statute doesn’t require it to be the filer.2Michigan Legislature. Michigan Code 552.9 – Judgment of Divorce, Residency Requirement, Exception
There is a narrow exception to the 10-day county rule for cases involving a spouse who was born in or is a citizen of another country, provided certain additional conditions are met.2Michigan Legislature. Michigan Code 552.9 – Judgment of Divorce, Residency Requirement, Exception Outside that exception, file in a county where you or your spouse has actually lived for 10 days.
Filing the Complaint for Divorce
Your case starts when you file a Complaint for Divorce in the family division of your county’s circuit court.3Michigan Legislature. Michigan Code 600.1021 – Revised Judicature Act of 1961 Michigan is a no-fault state. The only ground you state is that the marriage has broken down with no reasonable chance of being saved, and the statute actually prohibits including any other reason in the complaint itself.4Michigan Legislature. Michigan Code 552.6 – Divorce
You’ll file the complaint along with a Summons, which tells your spouse how long they have to respond. If children are involved or you’re requesting spousal support, you’ll also file a Verified Statement giving financial details to the Friend of the Court.5Michigan Legal Help. Being a Defendant in a Divorce Case
What It Costs to File
The base filing fee is $150. With minor children you’ll pay an additional $80 custody and parenting-time fee plus a $40 support fee, for a total of $270.6Michigan Courts. Circuit Court Fee and Assessments Table Counties may add local fees on top.
If you can’t afford the fees, request a waiver on Form MC 20. You qualify automatically if you receive Medicaid, SNAP, SSI, or TANF, or if a legal services organization represents you. Otherwise, the court will waive fees when your household income is below 125% of the federal poverty guidelines, or when payment would cause financial hardship at a higher income.7Michigan Courts. Fee Waiver Request MC 20 A denial gives you 14 days to pay or ask for review.
Serving Your Spouse
After filing, you must formally deliver copies of the complaint and summons to your spouse. The summons expires 91 days after the court issues it. If your spouse hasn’t been served by then, the case is automatically dismissed without prejudice and you’d have to start over.8Michigan Courts. Michigan Court Rules Chapter 2 – Civil Procedure
Any adult who isn’t a party to the case can hand the papers over. Most people use a county sheriff’s department, a professional process server, or a willing adult friend or relative. Service has to be personal — the server puts the papers in your spouse’s hand.8Michigan Courts. Michigan Court Rules Chapter 2 – Civil Procedure
If personal delivery fails after multiple attempts, or you genuinely cannot locate your spouse, you can ask the judge for permission to serve by another method, such as publication in a newspaper. The court will want to see what you’ve already tried.8Michigan Courts. Michigan Court Rules Chapter 2 – Civil Procedure
The Waiting Period
Michigan imposes a statutory cooling-off period. Without minor children, the minimum is 60 days from the filing date. When minor children under 18 are involved, the wait becomes six months.1Michigan Legislature. Michigan Code 552.9f – Divorce, Taking of Testimony, Minor Children
These are floors, not ceilings. Contested cases routinely run longer when custody or complex property questions need hearings. No agreement between spouses can shorten the 60-day minimum.
Holding Things Together While the Case Is Pending
Life doesn’t pause during the waiting period. Michigan courts can issue temporary orders covering child custody, child support, spousal support, and use of marital property while the case moves forward.9Michigan Courts. Michigan Court Rules Chapter 3 – Special Proceedings and Actions The court can also require one spouse to pay the other’s litigation costs so both sides can participate meaningfully.10Michigan Courts. Divorce Proceeding Checklist
In an emergency, a judge can enter an ex parte order without waiting for a hearing, for example when a child is in danger or a spouse is draining assets. The judge must see specific facts in a sworn affidavit showing that normal notice would cause irreparable harm.9Michigan Courts. Michigan Court Rules Chapter 3 – Special Proceedings and Actions The order stays in place until a temporary order replaces it, and the other spouse must receive a copy within three days.
If domestic violence is a concern, either spouse can request a Personal Protection Order at any point — before filing, during the case, or after the divorce is final.10Michigan Courts. Divorce Proceeding Checklist
If You’re the Spouse Being Served
Your deadline to file a written Answer depends on how you were served. Personal delivery in Michigan gives you 21 days. Service by mail or service outside the state gives you 28.11Michigan Courts. Instructions for Answer – Civil
Missing the deadline is one of the most consequential mistakes in the process. If you don’t respond, the court can enter a default, which is treated as an admission of everything in the complaint. A defaulted spouse loses the right to contest property division and cannot raise affirmative defenses.12Michigan Courts. Default and Default Judgments Even if you agree the marriage is over, filing an Answer preserves your ability to negotiate custody, support, and property.
Financial Disclosure
Both spouses have to lay out their finances on Michigan’s Domestic Relations Verified Financial Information Form (CC 320). It covers gross income, assets, and debts, and you sign it under penalty of perjury.13Michigan Courts. Domestic Relations Verified Financial Information Form CC320
Attach your four most recent pay stubs (or an employer statement of wages), your last federal and state tax returns with all schedules, and the three most recent statements for every financial account. Self-employed spouses must include the three most recent business or corporate tax returns as well.13Michigan Courts. Domestic Relations Verified Financial Information Form CC320 Hiding assets or fudging numbers on this form invites serious consequences.
Custody and Child Support
If you have children, custody is decided under 12 statutory “best interest of the child” factors that the court must evaluate individually — emotional bonds, parenting ability, basic needs, stability, home permanence, moral fitness, health, community ties, the child’s own preference when old enough, each parent’s willingness to support the other’s relationship with the child, any history of domestic violence, and any other factor the court considers relevant.14Michigan Legislature. Michigan Code 722.23 – Best Interests of the Child
Child support runs on a formula that uses both parents’ net incomes, the number of overnights with each parent, childcare, and health insurance premiums, apportioning expenses by each parent’s share of combined income.15Michigan Courts. 2025 Michigan Child Support Formula Manual The formula sets aside a portion of income for children from other relationships, splits out-of-pocket medical costs above a baseline, and divides work-related childcare proportionally. A parent who is voluntarily unemployed or underemployed can have income imputed to them.16Michigan Courts. Facts About the Michigan Child Support Formula
Cases involving minor children go through the Friend of the Court, an office attached to each circuit court that investigates custody disputes, files written recommendations, and enforces orders once entered. Enforcement kicks in automatically when support falls more than one month behind, with tools ranging from income withholding and tax refund intercepts to license suspension, liens, credit reporting, and contempt proceedings.17Michigan Legislature. A Guide to Custody, Parenting Time and Support
Dividing Property and Spousal Support
Michigan divides marital property equitably, which is not the same as equally. A court can award one spouse all or part of the other’s property when that spouse contributed to acquiring, improving, or growing it.18Michigan Legislature. Michigan Code 552.401 – Property Division Judges look at the length of the marriage, each spouse’s financial and non-financial contributions, earning capacity, and the cause of the divorce.
Property you owned before the marriage, along with gifts and inheritances received during it, is generally separate and stays with the original owner. Two situations pull it into the marital pot: if the other spouse contributed to its growth or improvement, or if the other spouse’s share of the marital estate isn’t enough to meet their needs. Commingling is the usual way it happens. Depositing an inheritance into a joint account, or using gift money to pay down the mortgage on a marital home, can convert those funds. Keeping separate property in an account in your own name is the practical first step to protect it.
Dividing a 401(k), pension, or similar employer-sponsored plan takes a Qualified Domestic Relations Order (QDRO), a separate court order telling the plan administrator to transfer a share to the other spouse. Draft it, get pre-approval from the plan, and have the judge sign it as part of the divorce. Skipping this step can take years to unwind.
Spousal support isn’t automatic and there is no fixed formula. Courts weigh factors from case law: length of marriage, age and health of each spouse, earning abilities, the standard of living during the marriage, contributions to the marital estate, and fault. Support may be temporary (during the case), rehabilitative (education or training toward self-sufficiency), or, less commonly, permanent for long marriages with limited earning capacity. A court can also order one spouse to pay the other’s attorney fees when incomes are significantly unequal.10Michigan Courts. Divorce Proceeding Checklist
Finalizing the Divorce
Once the waiting period has run and every issue is resolved by agreement or after trial, the court holds a final hearing. The filing spouse testifies that the marriage has broken down beyond repair, and the judge must be satisfied by the evidence before entering a Judgment of Divorce.4Michigan Legislature. Michigan Code 552.6 – Divorce The judgment spells out property division, custody, support, and parenting time.
If you changed your name at marriage and want to go back to your birth name or a prior surname, ask the court to include that in the judgment. The court can also approve a different surname as long as the change isn’t sought for fraudulent purposes.19Michigan Legislature. Michigan Code 552.391 – Change of Name of Divorced Woman Doing it inside the divorce is much simpler than a separate name-change petition later.
Some parts of a divorce judgment can be modified later if circumstances change significantly — a job loss, a relocation, a child’s shifting needs. Custody, parenting time, and support are all revisitable. Property division is generally final once the judgment is entered, which is why getting the disclosure and the numbers right the first time matters.