Everything to Know About Divorce in Michigan

• Divorce prerequisites
• Overview of the divorce process/steps
• Forms & fees
• Quicker divorce
• Asset & debt division
• Alimony (spousal support)
• Child support & custody
• Annulments and separation
• Special considerations
• Finalizing your divorce

Divorce can be a complex and emotional process, but understanding Michigan's specific laws and requirements can help make it more manageable. Below is a high-level guide covering all the key information you need to know about getting divorced in Michigan.

Michigan divorce prerequisites

You must meet residency requirements

To file for divorce in Michigan, either you or your spouse must have lived in the state for at least 180 days before filing. Additionally, you must file in the county's circuit court where either you or your spouse has resided for at least ten days before filing. There are exceptions to the ten-day county residency requirement, such as if your spouse is from another country and there's a risk they might take your children out of the U.S.

Waiting periods

• If no children are involved, there is a 60-day waiting period after filing before the divorce can be finalized.
• If minor children are involved, the waiting period is six months, though a judge may reduce this time if hardship can be demonstrated.

Do you need grounds for divorce?

Michigan is a no-fault divorce state, meaning that neither spouse has to prove wrongdoing. The only requirement is to state that the marriage has broken down with no reasonable chance of reconciliation.

Overview: Process for divorce in Michigan

Here is information on the filing process for the petitioner (spouse who files the initial paperwork) and instructions for the respondent (spouse who gets served).

Steps for divorce in Michigan:

1.  File a Complaint for Divorce at the family division of the circuit court in the county where you or your spouse reside.
2.  Pay the filing fee ($175 without children, $255 with children, though fees may vary by county).
3.  Serve the divorce papers to your spouse through a process server, sheriff, or certified mail.
4.  Wait for your spouse to respond (they have 21 days if served in person, and 28 days if served by mail).
5.  Exchange financial information: Unless financial disclosures are waived, both parties provide full financial disclosures to facilitate fair division of assets and determination of support obligations.
6.  Negotiate settlement: Work toward an agreement on all aspects of the divorce, including property division, child custody, and support.
7.  Attend any required mediation or hearings (some counties mandate mediation).
8.  Obtain a final judgment of divorce after the waiting period and court approval. Once all issues are resolved, the court will issue a Judgment of Divorce, officially ending the marriage.

Michigan divorce forms and fees

To initiate a divorce, you'll need to file a "Complaint for Divorce" with the appropriate circuit court. Additional forms may include a "Summons," "Record of Divorce or Annulment," and, if children are involved, a "Uniform Child Custody Jurisdiction Enforcement Act Affidavit." Filing fees vary by county but generally range from $150 to $300. If you cannot afford the fees, you may request a fee waiver by filing a "Fee Waiver Request" form.

A simplified divorce: summary proceeding

Michigan offers a simplified divorce process known as a "summary proceeding" for couples who meet specific criteria. To qualify, both parties must agree on all terms of the divorce, including property division, child custody, and support arrangements. This process is typically faster and less costly than a traditional divorce. However, it's crucial to ensure that all agreements are fair and comprehensive, as modifications after the divorce is finalized can be challenging.

Division of assets & debts in Michigan divorce

Michigan follows the principle of equitable distribution, meaning that assets and debts are divided fairly but not necessarily equally. It's important to distinguish between marital and separate property, as separate property (assets acquired before the marriage or through inheritance/gifts) is typically excluded from division.

Factors considered during asset and debt division include:

• Length of the marriage
• Contributions of each spouse (financial and non-financial)
• Earning potential and financial needs of each party
• Fault (though this alone does not determine asset division)

Alimony in Michigan (spousal support)

Spousal support can be temporary or permanent and is intended to ensure that neither party is unduly disadvantaged after the divorce. Alimony is not guaranteed and is decided based on factors such as:

• Length of the marriage
• Each spouse’s ability to work and earn income
• Standard of living during the marriage
• Age and health of each spouse
• Fault or misconduct (if applicable)

Child custody and support in Michigan

Child custody

Michigan courts prioritize the best interests of the child when determining custody arrangements. The court may award joint or sole custody, depending on the circumstances. Factors the court will consider include:

• Emotional ties between child and parents
• Stability of each parent’s home environment
• Moral fitness and mental/physical health of each parent
• Child’s preference (if of sufficient age and maturity)

Child support

The goal of child support is to ensure that the children's financial needs are met in a manner consistent with their standard of living during the marriage. Child support obligations typically continue until the child turns 18 or graduates from high school, whichever is later, but not beyond the age of 19 and a half.

Child support is calculated using the Michigan child support formula, which considers:

• Parental income
• Number of overnights spent with each parent
• Health care and child care costs

Annulments in Michigan

As is the case in all states, annulments are rare and only granted under specific circumstances. In Michigan, these include:

• Bigamy
• Underage marriage (without proper consent)
• Fraud or coercion
• Mental incapacity at the time of marriage

Legal separation (separate maintenance)

Michigan does not have a traditional legal separation process, but it offers separate maintenance, which allows couples to divide assets and establish spousal support while remaining legally married.

Special considerations for Michigan divorce

Will you complete or waive financial disclosures?

During the divorce process, both parties are typically required to provide full financial disclosures, including information about income, assets, debts, and expenses. This transparency ensures an equitable division of marital property and accurate determinations of spousal and child support. In some cases, spouses may agree to waive certain financial disclosures, but this should be done cautiously and typically under the guidance of legal counsel.

Will you be required to take a parenting class?

In Michigan, if you have minor children, the court may require you to attend a parenting education program. These programs are designed to help parents understand divorce's impact on children and promote cooperative parenting. The specific requirements can vary by county, so it's essential to check with your local court for details.

Military divorce

The Servicemembers Civil Relief Act (SCRA) protects military personnel from “runaway” divorce actions and default judgments while on active duty.

Same-sex divorce & domestic partnerships

• Michigan recognizes same-sex marriages and grants divorces accordingly.
• Domestic partnerships are not recognized statewide but may be acknowledged in certain cities.

Name changes

Either spouse can request to restore a maiden name or previous last name during divorce proceedings. Name changes are not automatically granted through divorce, so make sure you follow your court’s procedures to do so, as changing your name during the process is simpler than after the judge has signed off on the divorce decree.

Electronic filing & virtual/online divorce

Some Michigan courts allow e-filing through the MiFILE system, though availability varies by county. Virtual hearings are becoming more and more common. Read about how to prepare for online hearings here.

How long will the divorce process take?

The duration of the divorce process in Michigan depends on various factors, including whether minor children are involved and the level of agreement between the parties. For divorces without minor children, there's a mandatory 60-day waiting period after filing before the divorce can be finalized.

Finalizing your Michigan divorce

A final hearing is required in Michigan, even for uncontested divorces. After the waiting period and hearing, a Judgment of Divorce is issued, legally ending the marriage.

Divorce in Michigan can be complex, but knowing the legal requirements and steps involved can help you navigate the process with confidence. If you need additional guidance, consulting a family law attorney or legal aid service can provide personalized assistance.

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