To file for divorce yourself in Michigan, you need a small set of Michigan DIY divorce forms published free by the State Court Administrative Office (SCAO): a Complaint for Divorce, a Summons (Form MC 01), a Judgment of Divorce you draft yourself, and the Record of Divorce or Annulment (Form DCH-0838). If you have minor children, add the UCCJEA Affidavit (Form MC 416) and the Verified Statement (Form FOC 23). You can download all of them from the Michigan Courts website or pick them up at your county circuit court clerk’s office.
The Core Forms Every Filer Needs
Four documents run through every Michigan divorce, whether or not children are involved.
The Complaint for Divorce is what officially opens your case. It identifies both spouses, states how long each of you has lived in Michigan and in the county, and alleges that the marriage has broken down with no reasonable chance of being preserved. Michigan is a no-fault state, so that single statement is your only required ground; you do not have to explain why or assign blame.
The Summons (Form MC 01) is issued by the clerk when you file. It tells your spouse they have been sued for divorce and gives the deadline to respond.1Michigan Courts. MC 01, Summons
The Judgment of Divorce is the final order dissolving the marriage. You draft this yourself with every agreed-upon term for property, debts, support, and custody, and the judge signs it at the final hearing.
The Record of Divorce or Annulment (Form DCH-0838) is a vital records form required by state law. It gets filed with the Michigan Department of Health and Human Services after the divorce is granted.2State of Michigan. DCH-0838, Record of Divorce or Annulment
Extra Forms When Minor Children Are Involved
Cases with children under 18 add two forms on top of the core set.
The UCCJEA Affidavit (Form MC 416) provides information about where your children have lived for the past five years and whether any other custody proceedings exist in any state.3Michigan Courts. MC 416, UCCJEA Affidavit The form exists to keep courts in different states from issuing conflicting custody orders.
The Verified Statement (Form FOC 23) collects detailed personal and financial information from both parents: employment, income, health insurance coverage, and identifying details. This form goes to the Friend of the Court office, which uses it to calculate child support under Michigan’s formula.4State of Michigan Courts. FOC 23, Verified Statement
Information to Gather Before You Fill Anything Out
Before you open a single form, pull the basics together for both spouses: full legal names, current addresses, dates of birth, Social Security numbers, and the date and location of your marriage. If children are involved, you also need their names, dates of birth, Social Security numbers, and current addresses, plus a five-year residential history for each child.
For the FOC 23 in particular, you will need gross weekly income figures, employer information, health insurance details, driver’s license numbers, and physical descriptions for both parents. Errors here can lead to incorrect child support amounts, so double-check every figure against pay stubs and other records.
Filling Out Each Form Without Mistakes
The Complaint for Divorce asks you to state your residency and assert that the marriage has broken down to the point where it can’t be saved. Keep it factual and short.
The UCCJEA Affidavit is straightforward when your children have lived in one place with no other custody cases pending. If your family has moved across state lines or there is any prior custody proceeding anywhere in the country, walk through the details carefully; this is the point of the form.
The FOC 23 is the most detailed of the SCAO forms. The Friend of the Court calculates child support directly from what you write here, so treat every income and insurance line as a number that will show up in a court order.
The Judgment of Divorce is where most DIY filers stumble. It must spell out every term of your agreement: who keeps which assets, who pays which debts, the custody and parenting time schedule, child support amounts, and any spousal support. Vague language creates enforcement problems later. Instead of “the parties will split the bank accounts,” write out which accounts go to whom, including account numbers and balances as of a specific date. For the house, state who keeps it, what happens to the mortgage, and any refinancing deadline. For debts, name each one and assign it. Both spouses sign the judgment before it is submitted to the judge in a consent divorce.
A few substantive points shape what the Judgment should say. Michigan is an equitable distribution state, meaning marital property is divided in a way the court considers fair rather than automatically 50/50.5Michigan Legislature. MCL Section 552.19 A lopsided split is not automatically wrong, but a judge may ask questions at the final hearing. Marital property generally includes anything acquired during the marriage regardless of whose name is on the title; property owned before the marriage or received as a gift or inheritance is typically separate, though it can lose that status if mixed with marital assets.
Child support has a formula; spousal support does not. Michigan courts must order child support in the amount the state formula produces unless specific facts justify a departure.6Michigan Courts. 2025 Michigan Child Support Formula Manual If your agreed number differs from the formula amount, expect the judge to ask why. Support can run until each child turns 18, and in some cases beyond.7Michigan Legislature. MCL Section 552.17a Spousal support has no formula; the court considers each party’s ability to pay, the character and situation of the parties, and all other circumstances of the case.8Michigan Legislature. Michigan Compiled Laws Section 552.23 Whatever you and your spouse agree on, write the amount, duration, and payment terms precisely.
Filing Fees and the Fee Waiver Form
You pay a filing fee when you hand the Complaint to the clerk. The fee is $175 with no minor children and $255 when minor children are involved.9St. Clair County Clerk’s Office. Circuit Court Filing Fees
If you cannot afford the fee, request a waiver using Form MC 20. The court will waive the fee if your gross household income is below 125% of the federal poverty guidelines, and you may still qualify above that threshold if paying would cause financial hardship.10Michigan Courts. MC 20, Fee Waiver Request If the court denies your request, you have 14 days to either pay the fee or file a Request for Review of Denied Fee Waiver (Form MC 114) to preserve your filing date.
Residency the Complaint Has to Prove
The Complaint requires you to state residency, so the underlying rule matters before you fill it in. Either you or your spouse must have lived in Michigan for at least 180 days immediately before the filing, and one of you must have lived in the filing county for at least 10 days before filing.11Michigan Legislature. MCL Section 552.9 If you recently moved counties, you may need to wait out the 10 days or file in your previous county. Military personnel stationed in Michigan can typically count that time toward the residency requirement.
Serving Your Spouse and the Related Paperwork
Once the clerk stamps and returns your filed documents with a Summons, your spouse must be formally served. You cannot deliver the papers yourself. The person who does must be at least 18 and not a party to the case; a friend, a professional process server, or the county sheriff’s department all work.
Acceptable methods include handing the papers directly to your spouse or sending them by certified mail with a return receipt requested. The method sets the response deadline: 21 days after personal service, or 28 days if served by mail or outside Michigan.12Michigan Courts. INST MC 03, Instructions for Answer (Civil)
If your spouse is on active military duty, federal law requires an affidavit stating whether the defendant is in the military or that you were unable to determine their status before the court can enter a default.13United States Courts. Servicemembers Civil Relief Act (SCRA)
After Filing: Waiting Period and the Final Judgment
Michigan imposes mandatory waiting periods before a judgment can be entered. Without minor children, the court cannot take testimony or enter a judgment until at least 60 days after the Complaint is filed. With minor children under 18, the wait is six months.14Michigan Legislature. MCL Section 552.9f These are minimums, not typical timelines.
Once the waiting period expires and both spouses have signed the proposed Judgment of Divorce, you schedule a final hearing. In a consent divorce, the hearing is usually brief. The judge asks the filing spouse a short series of questions confirming residency, the breakdown of the marriage, and that the terms in the judgment are fair and voluntary. Some courts publish a testimony script you can review beforehand.
If the judge is satisfied, they sign the Judgment of Divorce. You then file the signed judgment with the clerk and serve a copy on your spouse within seven days. Finally, submit the Record of Divorce or Annulment (DCH-0838) to the state.
If your spouse was properly served but never filed an answer, you can request a default. That does not end the case; you still attend a hearing, and the judge still has to find the terms fair. The court retains power to modify property division even when the other party is in default, so silence should not be read as agreement on every term you proposed.
When the SCAO Forms Aren’t Enough
The SCAO packet handles a straightforward, agreed case. A few situations push a filing past what those forms cover.
Retirement account division is the most common one. Splitting a 401(k), pension, or similar employer-sponsored plan requires a separate Qualified Domestic Relations Order (QDRO) directing the plan administrator to pay a portion of one spouse’s benefits to the other. A QDRO must identify both parties by name and address, specify the dollar amount or percentage, state the time period, and name each plan involved.15U.S. Department of Labor, Employee Benefits Security Administration. Qualified Domestic Relations Orders Under ERISA – A Practical Guide to Dividing Retirement Benefits Each plan has its own rules on what it will accept, and a rejected QDRO means starting over. Some plans provide model language. If a significant retirement account is at stake, a lawyer or QDRO specialist is worth the cost even if you handle everything else yourself. One benefit worth knowing: distributions from a 401(k) or similar qualified plan paid directly to an ex-spouse under a QDRO are exempt from the 10% early withdrawal penalty, though regular income tax still applies. This exception does not apply to IRAs, which follow different transfer rules.16Internal Revenue Service. Retirement Topics – Exceptions to Tax on Early Distributions
If you genuinely cannot locate your spouse after a diligent search, Michigan allows service by publication or another alternative method, but only with a court order granted after a verified motion. That situation pushes the case beyond simple DIY territory.
Complex assets and high-conflict custody are the other flags. Businesses, stock options, multiple retirement accounts, or real estate beyond the family home complicate valuation quickly. And a judge will not sign off on a custody arrangement that raises concerns about the children’s best interests, even when both parents agree to it.
For everyone else, the SCAO forms above are all you need to file. Fill them out carefully, be specific in the Judgment, and keep copies of everything you submit.