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.
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.
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.
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).
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.
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.
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:
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:
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:
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:
As is the case in all states, annulments are rare and only granted under specific circumstances. In Michigan, these include:
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.
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.
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.
The Servicemembers Civil Relief Act (SCRA) protects military personnel from “runaway” divorce actions and default judgments while on active duty.
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.
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.
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.
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.