Divorce Law in Michigan
This page covers divorce law as it applies in Michigan — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what divorce protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Michigan is a no-fault divorce state, meaning either spouse can file for divorce simply by stating that the marriage has broken down with no reasonable chance of recovery — no one has to prove wrongdoing. Before filing, at least one spouse must have lived in Michigan for 180 days and in the county where you plan to file for at least 10 days. Most divorces cannot be finalized until at least 60 days after filing; if you have children under 18, that mandatory wait stretches to 6 months. Family law deadlines and financial decisions can have long-lasting effects, so gather financial records and speak with an attorney as soon as you know divorce is a possibility.
Laws that govern divorce in Michigan
Michigan state law
- Divorce — Michigan Revised Statutes, Chapter 552MCL Chapter 552 (R.S. 1846, Ch. 84)
The main Michigan divorce statute, covering grounds for divorce, residency requirements, mandatory waiting periods, property division, and spousal support.
- Child Custody Act of 1970MCL 722.21–722.31 (Act 91 of 1970)
Establishes the best-interests-of-the-child standard and the 12 factors a court must weigh when deciding custody and parenting time in Michigan.
- Michigan Child Support Formula statutesMCL 552.505(1)(h); MCL 552.517b
Requires courts to calculate child support using the state's income shares formula and defines the Friend of the Court's role in monitoring and enforcing support orders.
Michigan-specific deadlines for divorce cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- State residency requirement before filing: 180 days
At least one spouse must have lived in Michigan for 180 days immediately before filing. Temporary absences from the state of up to 90 days do not break the residency period.
MCL 552.9(1)
- County residency requirement before filing: 10 days
At least one spouse must also have lived in the county where you file for 10 days before filing. This is required in addition to the 180-day state residency.
MCL 552.9
- Mandatory waiting period — no minor children: 60 days
When no children under 18 are involved, the court cannot take final testimony or enter a judgment of divorce until at least 60 days after the complaint is filed. This 60-day floor cannot be waived.
MCL 552.9f
- Mandatory waiting period — with minor children: 6 months
When the divorce involves a child under 18, the standard wait is 6 months from the filing date. A court may allow a hearing after 60 days only if there is unusual hardship or compelling necessity, but the 60-day minimum cannot be waived under any circumstances.
MCL 552.9f
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for divorce in Michigan.
An office within the circuit court that investigates custody and parenting time issues, calculates child support, and enforces family court orders including wage withholding for unpaid support.
- Michigan Legal Helplegal aid
Free website supported by the State Bar of Michigan offering plain-language divorce guides, court-approved do-it-yourself forms, and referrals to local legal aid offices statewide.
- State Bar of Michigan Lawyer Referral Servicebar referral
Connects Michigan residents with a participating family law attorney; a small administrative fee applies and the first 25-minute consultation is provided at no charge.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Michigan
- 1
Confirm you meet the residency requirements
At least one spouse must have lived in Michigan for 180 days and in the county where you plan to file for at least 10 days before filing. If you recently moved, you may need to wait before the court can accept your case.
- 2
File a Complaint for Divorce in circuit court
Take or mail your divorce complaint to the Family Division of the Circuit Court in your county and pay the filing fee. Michigan Legal Help (michiganlegalhelp.org) has free court-approved forms and step-by-step instructions.
- 3
Serve your spouse with the divorce papers
After filing, Michigan law requires you to formally deliver a copy of the complaint and a summons to your spouse. A sheriff, a process server, or another adult who is not a party to the case can do this.
- 4
Wait out the mandatory cooling-off period
If no children under 18 are involved, the court cannot finalize the divorce for at least 60 days after filing. If you have minor children, the minimum wait is 6 months from the filing date.
- 5
Resolve all divorce issues — property, support, and children
Reach a written agreement with your spouse, or let the court decide, on how to divide marital property and debts, whether either spouse will pay spousal support, and — if you have kids — custody, parenting time, and child support.
- 6
Attend the final hearing and receive your judgment of divorce
At the final hearing, the judge reviews the settlement or any contested rulings and signs the judgment of divorce, which is the legal document that ends the marriage.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about divorce in Michigan
Does Michigan require a specific reason — like adultery or abuse — to get a divorce?
No. Michigan has been a no-fault divorce state since 1972. Either spouse can file simply by telling the court that the marriage has broken down to the point where there is no reasonable chance it can be saved. You do not have to prove any wrongdoing by your spouse.
How does Michigan divide marital property in a divorce?
Michigan uses a system called equitable distribution. A judge divides marital property — generally assets and debts acquired during the marriage — in a way that is fair, but not necessarily 50/50. The court considers factors such as how long the marriage lasted, each spouse's contributions and earning ability, the health and circumstances of both parties, and their conduct during the marriage.
Will I have to pay — or will I receive — spousal support?
Spousal support (sometimes called alimony) is not automatic in Michigan. A judge may award it if the property given to one spouse is not enough for that person's suitable support and maintenance. The court looks at each spouse's ability to pay, their financial situation, and all the circumstances of the case. Either spouse may receive support.
How does Michigan decide child custody?
The court uses the best-interests-of-the-child standard set out in the Child Custody Act of 1970 (Michigan Compiled Laws section 722.23). Judges weigh 12 factors, including the emotional bond between parent and child, each parent's ability to provide stability, the child's preference if old enough to express one, and any history of domestic violence.
How is child support calculated in Michigan?
Child support is calculated using the Michigan Child Support Formula, an income shares model that factors in both parents' net incomes, the number of overnights each parent has with the child, health care costs, and child care expenses. The Friend of the Court — an office within the circuit court — monitors and enforces child support orders.
What is the Friend of the Court and how does it affect my divorce?
The Friend of the Court is an office within the circuit court that assists with divorce cases involving children. It can investigate custody and parenting time disputes and make recommendations to the judge, help calculate child support, and enforce court orders — for example, by arranging wage withholding if a parent falls behind on payments.
Can I get a divorce without a lawyer in Michigan?
Yes, Michigan allows people to represent themselves in divorce cases. Michigan Legal Help (michiganlegalhelp.org) offers free do-it-yourself divorce tools and court-approved forms. However, cases involving significant assets, a business, retirement accounts, or disputed custody tend to be more complicated, and consulting an attorney can help protect your rights and avoid costly mistakes.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.