Uncontested divorce in Michigan: how to file without a lawyer (2026)
An uncontested divorce in Michigan requires both spouses to agree on every term of their separation and at least one spouse to have lived in Michigan for 180 days. Once you file, state law mandates a 60-day waiting period before your divorce can be finalized (180 days if you have minor children). No fault needs to be proven, and an attorney is not required.
Quick answer
An uncontested divorce in Michigan is available to any couple who agrees on property, debts, spousal support, and (if applicable) all child-related matters. You must meet the 180-day state residency requirement and then wait at least 60 days after filing before a judge can sign your Judgment of Divorce. Filing fees start at $175, no lawyer is required, and no separation period is needed before you file.
Deciding to end a marriage is never easy, but the legal process doesn't have to make things harder. If you and your spouse are on the same page about how to divide your lives, Michigan gives you a clear, manageable path forward. An uncontested divorce lets you resolve everything outside of court, on your terms, without a judge deciding what's fair for your family.
This guide walks you through exactly how Michigan's uncontested divorce process works in 2026, from the residency check to the final hearing, so you know what to expect and what to prepare.
What makes a divorce uncontested in Michigan?
A Michigan divorce is uncontested when both spouses reach full agreement on every issue before the court is asked to finalize anything. That means no judge needs to weigh in on who gets what or how custody works. You present a complete settlement, the court reviews it, and the judge signs off.
The issues that must be resolved to qualify as uncontested include:
- Division of marital property and debts. Michigan is an equitable distribution state, meaning assets are divided fairly, not necessarily 50/50. You and your spouse decide what "fair" looks like for your situation.
- Spousal support (alimony). Whether one spouse will pay support, in what amount, and for how long, or a mutual waiver of any future spousal support claims.
- Retirement accounts and life insurance. These require specific language in your agreement and, for employer-sponsored retirement plans, may require a separate Qualified Domestic Relations Order (QDRO).
- Child custody, parenting time, and child support (if you have minor children). Every child-related decision must be addressed and must pass the court's best-interest-of-the-child review.
Michigan is a pure no-fault divorce state. You don't need to prove your spouse did anything wrong. The only grounds required are that the marriage has broken down to the point where it cannot be preserved. One sentence in the complaint is all it takes. This makes Michigan especially accessible for couples who are ready to move forward cooperatively.
Residency and filing requirements
Before you can file a Complaint for Divorce in Michigan, at least one spouse must meet two residency thresholds: 180 days of continuous state residency and 10 days of county residency in the county where the case will be filed. Only one spouse needs to meet these requirements, not both.
| Requirement | Details |
|---|---|
| State residency | 180 days (approx. 6 months) in Michigan before filing |
| County residency | 10 days in the filing county immediately before filing |
| Grounds required | No-fault only: irretrievable breakdown of the marriage |
| Separation required? | No. You can still be living together when you file. |
| Waiting period (no children) | 60 days from the filing date. Cannot be waived. |
| Waiting period (with children) | 180 days. Can be shortened if unusual hardship is shown. |
| Filing fee (no children) | $175 (includes $25 e-filing fee) |
| Filing fee (with children) | $255 (includes Friend of the Court fee) |
One important nuance: you don't need to have lived in Michigan without interruption. Temporary absences from the state generally don't break your residency, as long as Michigan remains your permanent home and you had no intention of relocating permanently.
If your spouse lives out of state, an additional rule applies: you must show either that you and your spouse once lived together as a married couple in Michigan, or that you personally have lived in Michigan for at least one full year before filing. If you're in this situation, it's worth a quick conversation with a family law professional before you file.
Step-by-step: how to file an uncontested divorce in Michigan
Michigan's uncontested divorce process follows a predictable sequence. Here is what you'll move through from start to finish.
Verify that you (or your spouse) meet the 180-day state residency and 10-day county residency thresholds. File in the Circuit Court Family Division for the county where the qualifying spouse lives.
Before you file anything, work out every issue in a marital settlement agreement. This document becomes part of your final Judgment of Divorce, so it needs to be thorough and clear. If you're stuck on one or two issues, divorce mediation in Michigan can help you bridge the gap without going to court.
The core forms for an uncontested divorce without children are the Summons (MC 01) and the Complaint for Divorce. If both spouses are filing together under the streamlined joint petition process, you'll file a Joint Petition for Consent Judgment instead. Cases involving children add the UCCJEA Affidavit (MC 416) and the Verified Statement (FOC 23). File through the court clerk or Michigan's MiFILE e-filing system.
In a traditional complaint-based filing, you must formally serve your spouse with the Summons and Complaint. This can be done by a process server, a sheriff's deputy, certified mail, or a written acceptance of service signed by your spouse. (In a joint petition, formal service is not required because both parties are already participating.) Your spouse has 21 days to respond after personal service in Michigan, or 28 days if served by mail or from outside the state.
Both spouses must exchange the Domestic Relations Verified Financial Information Form (CC 320) within 28 days of service. This is a party-to-party exchange, not a court filing, but it is required. It ensures both spouses are working from the same financial picture when the settlement is finalized.
Michigan law requires at least 60 days to pass from the filing date before any final hearing can be scheduled. This waiting period applies to every divorce, regardless of how prepared you are or how fully you agree. Use this time to finalize your settlement agreement, prepare the proposed Judgment of Divorce, and request your hearing date.
In an uncontested case, the final hearing is typically brief. The filing spouse (the plaintiff) answers a few questions confirming residency, the grounds for divorce, and that the settlement agreement is voluntary and fair. The judge reviews the Judgment of Divorce, asks any clarifying questions, and signs it. Once signed, you are legally divorced.
Most couples who start out thinking they disagree find common ground once they understand their options. Our team can walk you through where you stand in about 15 minutes.
Schedule your free 15-minute call →The 60-day waiting period explained
Michigan's mandatory waiting period is one of the most misunderstood parts of the process. It is not a reflection of how complicated your case is. It is a fixed, statutory requirement that applies to every divorce filed in the state, no matter how agreed-upon your terms are.
For couples without minor children: the court cannot take testimony or schedule a final hearing until at least 60 days have passed from the date the Complaint for Divorce was filed. Michigan law does not allow this period to be waived for any reason.
For couples with minor children: the waiting period extends to 180 days. However, if the 180-day period would create unusual hardship or there is another compelling necessity, you can ask the court to shorten it. The court has discretion to schedule a hearing earlier, but never before the 60-day minimum.
In practice, most uncontested Michigan divorces without children wrap up in two to four months when you factor in service of process, document preparation, and court scheduling. Cases with children typically run six to eight months from start to finish.
How much does an uncontested divorce cost in Michigan?
The court filing fee for a Michigan divorce without minor children is $175. This includes the base filing fee plus the state's e-filing charge. For cases involving minor children, the total filing fee rises to $255, which adds the Friend of the Court (FOC) fee used to administer custody and support matters.
Beyond court fees, your overall cost depends on how you handle the process:
- DIY (self-represented): $175 to $500 total. You prepare all forms yourself, use online resources, and represent yourselves at the hearing. This works well for simple situations with no real estate, no retirement accounts, and no children.
- Online service like Hello Divorce: Flat-rate plans that prepare your documents, review your agreement, and provide attorney access when you have questions, well below the cost of traditional legal representation. See our current Michigan divorce plans for details.
- Traditional attorney-assisted uncontested divorce: Total costs ranging from $1,675 to $3,755 when using an attorney for a fully agreed case. Costs rise quickly if the process becomes more complex.
If cost is a barrier, you can request a fee waiver by filing Form MC 20 with income and asset information. The court has discretion to waive some or all filing fees based on financial need.
For more detail on what drives costs up or down, see our full breakdown on the cost of divorce in Michigan.
Uncontested divorce with children in Michigan
A divorce involving minor children can absolutely be uncontested in Michigan, and it often is. The key is that both parents must fully agree on every child-related term before the court finalizes anything.
Your parenting agreement and settlement must address:
- Legal and physical custody. Who makes major decisions for the children, and where they primarily live. Michigan recognizes both joint and sole custody arrangements.
- Parenting time schedule. A detailed calendar for regular parenting time, holidays, school breaks, and how schedule changes will be handled.
- Child support. Michigan uses the Michigan Child Support Formula, which factors in each parent's income, overnight parenting time, healthcare costs, and childcare. Parents can agree to deviate from the formula, but the court must approve any deviation as being in the child's best interests.
- Health and dental insurance. Which parent will provide coverage and how uninsured medical expenses will be split.
Even in an uncontested case, the Friend of the Court (FOC) plays an active role in cases involving children. The FOC is a Michigan-specific institution that reviews custody and support arrangements, can make recommendations to the judge, and helps enforce support orders after the divorce is finalized. In many counties, the FOC will review your parenting plan before the final hearing.
Many Michigan counties also require parents to complete a co-parenting class before the divorce can be finalized. The requirement varies by county, so check with your local Circuit Court early in the process to avoid delays.
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Frequently asked questions
How long does an uncontested divorce take in Michigan?
The absolute minimum is 60 days from the filing date for divorces without minor children (180 days if children are involved). In practice, most uncontested divorces without children finalize in two to four months once you factor in service of process, document preparation, and court scheduling.
How much does an uncontested divorce cost in Michigan?
The court filing fee is $175 for divorces without minor children, or $255 for divorces involving minor children. Total out-of-pocket costs for a DIY uncontested divorce range from $175 to $500. Using an online service like Hello Divorce keeps costs well below the $1,500 to $3,755 range of a traditional attorney-assisted uncontested divorce. See our Michigan divorce plans for current pricing.
Do I need a lawyer for an uncontested divorce in Michigan?
No. Michigan law does not require either spouse to have an attorney. If both spouses agree on all terms and the paperwork is completed correctly, you can represent yourselves (called proceeding "pro se"). Hello Divorce can prepare your forms and provide on-demand attorney support when you have questions, without the cost of full representation.
What forms do I need to file for an uncontested divorce in Michigan?
The core forms include the Summons (MC 01) and Complaint for Divorce. If both spouses file together under the joint petition process, use a Joint Petition for Consent Judgment instead. Cases involving children also require the UCCJEA Affidavit (MC 416) and the Verified Statement (FOC 23). Both parties must also exchange the Domestic Relations Verified Financial Information Form (CC 320) within 28 days of service.
Does Michigan require separation before filing for divorce?
No. Michigan does not require a separation period before you can file. You and your spouse can be living under the same roof on the day you file your Complaint for Divorce. The 60-day (or 180-day) waiting period begins after filing, not after you separate.
Can the 60-day waiting period in Michigan be waived?
The 60-day minimum cannot be waived for any reason. If you have minor children and the standard 180-day period would create an unusual hardship or compelling necessity, you can file a motion asking the court to schedule a hearing sooner, but never before the 60-day floor has been met.
What is a joint petition divorce in Michigan?
A joint petition is a streamlined path available when both spouses have already agreed on all terms and file together. It eliminates steps like formal service of process and can simplify your final hearing. Both spouses still need to attend the hearing and still must wait the mandatory 60 days (or 180 days with children). It is governed by Michigan Court Rule 3.223.
Michigan court resources
All Michigan divorces are filed in the Circuit Court Family Division. Use these official resources to find your local court, access forms, and understand your options.
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