Divorce cases in Michigan are filed in the Circuit Court, Family Division for the county where either spouse lives. Michigan follows equitable distribution, which means the court aims for a fair—not necessarily equal—division of marital assets and debts. Most cases proceed on no-fault grounds and can resolve largely on paperwork if you stay organized and cooperative.
At least one spouse must have lived in Michigan for 180 days immediately before filing, and at least one spouse must have lived in the filing county for 10 days before filing. You file in the Circuit Court, Family Division for that county. There is no separation requirement to start a case. If you have minor children, Michigan’s Friend of the Court (FOC) may be involved in parenting time, custody, and child support procedures unless the parties qualify to opt out.
Step 1: Choose your path and gather forms.
If you agree on property, debts, and (if applicable) parenting, consider an uncontested path. Prepare a Complaint for Divorce, Summons, and financial disclosure forms. If you have minor children, include a UCCJEA affidavit, FOC/IV-D information, and a proposed parenting plan. Drafting a settlement to submit with your filings can shorten the process.
Step 2: File with the clerk.
File your packet with the Circuit Court clerk in your county, either in person or electronically where available. Pay the filing fee or request a fee waiver if payment would be a hardship. You’ll receive a case number and file-stamped copies.
Step 3: Serve your spouse.
Arrange personal service by sheriff or process server, or use certified or registered mail with restricted delivery and return receipt where allowed. A signed acceptance of service may be used if your spouse cooperates. If you cannot locate your spouse after diligent efforts, request alternate service, such as publication. Keep your proof of service.
Step 4: Observe deadlines and court timelines.
A spouse served in Michigan generally has 21 days to answer; if served by mail or outside Michigan, the response time is typically 28 days. Michigan has mandatory waits before final judgment: 60 days in cases without minor children and generally 6 months (180 days) with minor children, though a judge may shorten the six-month period for good cause. Exchange complete financial information early; clean disclosures help settlement and avoid continuances. Some courts require a parent education class.
Step 5: Settle or set a hearing.
If you reach agreement, submit a signed Marital Settlement Agreement, child-related orders if applicable, and a proposed Judgment of Divorce for review. If issues remain, the court may schedule case management, mediation (including FOC services), and hearings.
Step 6: Final judgment.
Once the waiting period and review steps are complete, the judge signs a Judgment of Divorce addressing property and debt division, spousal support if any, legal/physical custody and parenting time, child support, and any name change. Obtain certified copies to update records, benefits, insurance, and financial accounts.
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Do we need to be separated before filing in Michigan?
No. There is no separation requirement to file, but Michigan has a 60-day wait in cases without minor children and generally a 6-month wait in cases with minor children, sometimes shortened for good cause.
Which court handles divorces in Michigan?
The Circuit Court, Family Division in the county where either spouse resides.
How long does a Michigan divorce take?
Uncontested cases without minor children can often finalize soon after the 60-day wait, while cases with minor children generally take six months unless a judge shortens the period for good cause. Contested cases depend on the court’s calendar and the complexity of disputes.