How to File for Divorce in Michigan

If you’re planning to file for divorce in Michigan, it’s important to understand the basic steps to ensure you can navigate the process smoothly.

When filing for divorce, there are a number of legal decisions that must be made around the legal separation. These might include:

• How shared property will be divided
• Who children will be cared for physically and financially
• Whether or not alimony or spousal support is to be paid

In order to file for divorce in Michigan, you must meet the residency requirements and have grounds for divorce.

Residency requirements

In order to file for divorce in Michigan, one of the parties must be a resident of the state for at least 180 days, and a resident of the county for at least 10 days. The 10-day county residence requirement may be avoided if (1) the defendant was born in, or is a citizen of, a country other than the United States, and (2) the parties have a minor child, and (3) there is information that the minor child is at risk of being taken out of the U.S., and retained in another country by the defendant.

If the marriage breakdown occurred outside of Michigan, one party must be a resident for one year, or it must be proven that the parties lived together as husband and wife within the state, before a judgment may be entered. You may file in the Circuit Court in the county where either party has resided for at least 10 days immediately before filing.

Grounds for divorce

Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Michigan, like most states, has what are commonly called no-fault and at-fault grounds for divorce. 

You can get a divorce in Michigan even if your spouse doesn’t agree or you’ve done something to cause the end of the relationship. Nothing must be proven to get a no-fault divorce in Michigan. Though you don’t need to prove fault, it could be used to make decisions around spousal support and dividing property.

To get a no-fault divorce in Michigan, you need to state in the Complaint for Divorce that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” No other explanation or details are permitted.

At-fault grounds for divorce include:

• Adultery
• Cruelty
• Desertion
• Substance Abuse

Although Michigan is primarily a no-fault divorce state, a divorcing spouse can allege fault-based grounds as they may be relevant for division of property or spousal support. 

How to file for divorce in Michigan in 7 steps

Whether your spouse agrees or not, these basic steps will give you a basic understanding of how to file for divorce in the state of Michigan.

1. Consult a divorce attorney

Getting a divorce is a legal proceeding. Whether you and your spouse agree or not, you’ll be filling out and filing legal documents that are submitted to a court. Consulting with an experienced divorce attorney can give you the support you need to get through this process with minimal stress.

Working with individual lawyers is especially recommended if there are any complicating factors as part of your divorce. These might include:

• Disagreement between you and your spouse over how marital property should be divided
• If you have kids
• If one of you is unable to support themselves financially and will be asking for spousal support

Hiring a divorce attorney costs money, but the returns in time- and heartache-saved give you a significant return on your investment.

2. Prepare divorce papers

The first step you’ll take in filing for divorce in Michigan is to prepare your divorce papers.

The initial papers you file and the required information will vary slightly depending on whether or not you and your spouse have children together. 

In general, the initial summons and petition will include information such as:

• Any prior court cases in Michigan
• Information about you and your spouse
• Details about your marriage
• Financial information, such as property owned and debt

If you have children, you’ll also be asked to include:

• Information about minor children who share you and your spouse as parents
• Details about minor children belonging to either you or your spouse, but not both of you

The divorce process is started when one spouse, the plaintiff, files for divorce and summons the other spouse, who becomes the defendant.

For those with straightforward and simple divorces, Michigan has the option of an online DIY tool. If you have kids with your spouse, you will need to work out additional, complicated details. LegalZoom can help the process go more smoothly when you use an attorney from our network.

3. File the petition

Once your paperwork is filled out, you’ll need to file it with your local county court. There are a few ways to do this. 

• Submit in person: To do this, you’ll need to make two copies of each form. Take all the copies to your county clerk to submit.
• File by mail: If you send in your paperwork by mail, include a self-addressed and stamped envelope so the copy for you and your spouse can be returned to you.
• E-file: Some courts allow you to file your paperwork through the MiFILE service, which allows you to submit it online in digital form.

The fee to file paperwork will depend upon which county you file in but will range from $175 to $250. If you cannot afford this fee, you can request a fee waiver.

4. Serve divorce papers

The next step in your divorce process is to serve your spouse with the divorce papers. The forms that were stamped by the court and returned to you must be legally served to your spouse.

The divorce papers may be served by mail with a return receipt or by a person. A person who serves your papers must be over the age of 18 and not be a party to your case. Common servers are:

• Friend or family member
• Local sheriff’s department
• Police department
• Professional process server

You cannot serve your own divorce papers to your spouse; it must be from someone else.

The server must:

• Provide your spouse with the paperwork
• Fill out and sign the Proof of Service
• File the proof with the county court

You must serve your spouse within 91 days of filing your divorce paperwork with the court. If you miss this deadline, your divorce case may be dismissed. Proof of service must be submitted to the court. 

If you cannot come to an agreement independently, the court can help you determine how assets should be split. Your financial disclosures can also be used to determine whether spousal support or child support will be awarded.

5. Waiting period and response

Once your spouse has been served with the divorce papers, they have:

• 21 days to file a response if they were served in person
• 28 days to file a response if they were served by mail or in another state

In the response, your spouse will either agree or disagree with the statements you’ve made in the initial divorce paperwork. If they disagree with many of your points, your case is going to be more complicated and might benefit from the help of a lawyer.

Your spouse may also choose not to respond. If they do not respond by the deadline, your spouse has defaulted. The divorce will proceed, and you can request the terms of the divorce that you want. The terms must still be fair and lawful.

If you don’t have children with your spouse, there is a 60-day waiting period that begins as soon as you file your divorce paperwork. If you do have children with your spouse, the waiting period is six months. This starts as soon as you file your paperwork.

If you and your spouse don’t agree on the terms of your divorce, the divorce process could go longer than the required waiting period.

6. Financial disclosure

As part of the divorce process, you and your spouse must make a full financial disclosure. You both must disclose your income, assets, and debts. This helps you and your spouse to evaluate how marital property should be divided between you. 

7. Negotiate and settle

Typically, the most time-consuming part of the divorce process is the negotiations. During this time, you and your spouse must agree upon the terms of the divorce. This might include:

• Division of marital property
• Custody of children
• Payment of child support
• Receipt and payment of alimony or spousal support

The more you and your spouse disagree, the longer this process will take. Lawyers and the court can help you make these decisions. You and your spouse might also consider mediation or arbitration to come to a decision you both can agree to.

Once an agreement or settlement is reached, you will file a form with the court and can move on to finalizing your divorce.

8. Court hearing and final judgment

A divorce in Michigan is finalized in one of four ways.

• Default judgment: This happens if your spouse does not file an answer or participate in the case. If this happens, the judge will consider your requests for division of property, alimony, and child support.
• Negotiated judgment: This is the final decision if you and your spouse come to agreement on all terms of the divorce. Once you’ve agreed, the judge will review and finalize your divorce.
• Mediated agreement: If you and your spouse cannot agree on some terms, you can meet with a mediator who can help you find agreement. Once agreed upon, you file your final paperwork, and the judge will review and sign off.
• Trial: If you and your spouse can’t reach an agreement, you may need to go to trial and let the judge decide for you. 

The final paperwork in all instances is the Judgment of Divorce. This court order states the terms of the divorce, including how property and debt will be divided, spousal support, and child support.

If you’ve used the online DIY tool provided by Michigan and need to update the answer you put into the Judgment of Divorce form, you can do so.

How much does it cost to file for divorce in Michigan?

No matter which process you follow to get a divorce, the basic cost will include a filing fee. The fee ranges between $175 and $250, depending on your county and whether or not you have children. If you can’t afford this fee, you can request that it be waived.

In addition to a filing fee, you may need to pay legal fees to hire a lawyer. The median cost of hiring an experienced family law attorney is $7,000. You and your spouse will each need to hire a lawyer. Lawyers generally charge by the hour, so the more time you need to agree to the terms of the divorce, the more expensive it will be.

Property division in Michigan

A divorce involves dividing property and debts between you and your spouse. There are no specific property division guidelines in the Michigan divorce law, other than that the judge is to divide the property as he or she “shall deem just and reasonable.”

Property and debt that’s acquired during the marriage are considered marital property. Marital property can include:

• Real estate
• Pensions
• Insurance
• Retirement accounts
• Investment accounts
• Debts

To decide a fair division of marital property, a judge may consider:

• How long you and your spouse were married
• Each person's contribution to the marital estate
• The age and health of each spouse
• The standard of living during the marriage
• Each spouse’s ability to earn money

In general, each spouse will retain ownership of any separate property they own.

Alimony in Michigan

In Michigan, alimony is called spousal support. Unlike most states, the Michigan spousal support law does not provide much in the way of guidelines. All the Michigan law says is that spousal support may be awarded to either party “as the court considers just and reasonable, after considering the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case.”

The judge may review similar factors as they consider when dividing marital property.

Child custody and support in MI

If you and your spouse have any minor children, there will have to be a custody determination. It all comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made.

If you and your spouse can reach an agreement on custody, it will be accepted by the judge, unless it is determined by clear and convincing evidence not to be in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue.

A decision must also be made about how the children will be financially supported. This almost always comes down to one parent paying money to the other. Child support is determined by taking into account the needs of the child, and each parent’s relative ability to meet those needs. This is determined by reference to the Michigan Child Support Formula Manual, which you may be able to obtain from your local Friend of the Court, public library, or law library, and may be found at the Michigan Courts Friend of the Court Bureau website.

FAQs

How long does a divorce take in Michigan?

For couples without children, a divorce will take a minimum of 60 days due to the required waiting period. This jumps to six months for spouses with children born to them due to the waiting period.

If you and your spouse don’t agree on the terms of your divorce, the process can take even longer than the required waiting period to negotiate and finalize.

Can I file for divorce online in Michigan?

You can fill out most of the necessary forms needed to file for divorce online. Some counties allow you to file your paperwork online, but others do not and you’ll need to file in person or by mail. 

What happens if my spouse contests the divorce?

If your spouse contests the divorce, you will need to attempt to come to an agreement. If you cannot, you can choose to work with a mediator or go to arbitration. If that still doesn’t work, you may proceed with the divorce and let the judge make the final decision.

Edward A. Haman, Esq., contributed to this article.