Divorce in Michigan is designed to be accessible, even for those without legal representation. Whether you're filing in Detroit, Grand Rapids, or a small county court, understanding the rules and procedures can help reduce stress and ensure smoother progress through the system.
Residency Requirements
To file for divorce in Michigan, at least one spouse must have lived in the state for a minimum of 180 days before filing, and in the specific county for at least 10 days. These rules establish proper jurisdiction for the case.
Grounds for Divorce
Michigan is a pure no-fault divorce state. The only legal ground is that the marriage has broken down irretrievably and there is no reasonable likelihood of reconciliation. There is no need to prove fault like adultery or cruelty — though such factors may affect property division or custody.
Filing the Complaint
The process begins when one spouse files a Complaint for Divorce in the county circuit court. This complaint outlines the basic facts of the marriage, requests relief such as custody or support, and is assigned a case number. The other spouse must be officially served with the documents.
Waiting Periods
If the couple has no minor children, there is no required waiting period — the divorce may be granted relatively quickly. However, when children are involved, a mandatory 180-day waiting period applies. In rare situations, the court may waive or shorten this delay for good cause.
"Michigan's six-month waiting period for divorces involving children is designed to allow time for settlement, mediation, and thoughtful planning for parenting arrangements."
Temporary Orders
While the divorce is pending, either party may ask the court for temporary orders. These can address child custody, support, parenting time, and spousal support. These orders provide stability until the final judgment is entered.
Property and Debt Division
Michigan follows the principle of equitable distribution, meaning marital property and debt are divided fairly — though not necessarily equally. Courts consider the length of the marriage, each party's needs and resources, fault (if relevant), and contributions to the marriage when dividing assets.
Spousal Support
Alimony, known as spousal support in Michigan, may be awarded based on a range of factors, including income disparity, age and health of the spouses, earning ability, and the length of the marriage. Support can be temporary or long-term, and negotiated through settlement or ordered by the court.
Child Custody and Support
Child custody decisions are guided by the best interests of the child. Michigan law encourages joint custody when appropriate, but sole custody may be granted in some cases. Child support is calculated using a formula that factors in both parents' incomes, number of children, and parenting time.
"In contested custody or support matters, Michigan courts may assign a Friend of the Court representative to investigate and offer recommendations."
Finalizing the Divorce
Once all issues are resolved — through settlement or trial — the court will issue a Judgment of Divorce. This document finalizes all terms regarding property, custody, and support. Both parties are legally single once the judgment is entered and effective.
Key Points to Remember
- Michigan only allows no-fault divorce
- Residency requirement is 180 days in state, 10 days in county
- 180-day wait applies if children are involved
- Equitable distribution applies to property division
- Friend of the Court may assist in custody/support issues
While Michigan law makes divorce procedurally simple, complex financial or custody issues may require legal advice. Whether your case is uncontested or not, understanding your rights and the full divorce process can help you move forward with greater clarity and control.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Michigan divorce papers or browse Michigan divorce lawyers to get the help you need.