Michigan · Divorce laws · Updated Oct 2026
Michigan divorce laws
Who can file for divorce in Michigan, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Michigan
- Who can file (residency)
- You or your spouse must have lived in Michigan for at least the last 180 days before filing, and in the county where you file for at least 10 days (with some exceptions).
- Waiting period
- No testimony can be taken (so the divorce can't be finished) until 60 days after filing if you have no minor children, or 6 months if you have children under 18. With children, the judge can shorten the wait for unusual hardship or another compelling reason, but not below 60 days.
- Court
- Circuit Court (family division) in the county where you or your spouse has lived at least 10 days
- Official forms
- Divorce forms (Michigan courts)
- Court self-help
- Divorce self-help (Michigan courts)
- Filing fee
- Check with your court
- If you can't afford the fee
- File a Fee Waiver Request (MC 20) with your complaint; Michigan Legal Help's guided interview can prepare it: https://michiganlegalhelp.org/
- Simpler process for agreed cases
- No summary process. If your spouse doesn't answer, you can finish by default; if you agree, you can submit a consent judgment after the waiting period. Michigan Legal Help has do-it-yourself tools for divorce with and without children.
- E-filing
- Yes, in courts using MiFILE, which is open to self-represented filers: https://mifile.courts.michigan.gov/
- Law
- MCL 552.9 · MCL 552.9f
Divorce in Michigan, step by step
Check that you can file in Michigan
You or your spouse must have lived in Michigan for at least the last 180 days before filing, and in the county where you file for at least 10 days (with some exceptions).
Get the official forms
Use the court's official divorce forms: Divorce forms (Michigan courts) No summary process.
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court (family division) in the county where you or your spouse has lived at least 10 days. Can't afford it? File a Fee Waiver Request (MC 20) with your complaint; Michigan Legal Help's guided interview can prepare it: https://michiganlegalhelp.org/.
Serve your spouse
Your spouse must be served with the summons and complaint by someone 18+ who is not a party (personal service), or by registered or certified mail, restricted delivery, return receipt.
Your spouse responds
21 days after personal service; 28 days if served by mail or outside Michigan. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
No testimony can be taken (so the divorce can't be finished) until 60 days after filing if you have no minor children, or 6 months if you have children under 18.
Agree, or go to mediation or a hearing
Common. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Ask in your complaint (or counter-complaint) to restore your maiden or previous name, or the judge can allow a different last name in the Judgment of Divorce.
Free tools for Michigan
Pre-set for Michigan. They run in your browser and send nothing.
Divorce timeline estimator for Michigan
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Michigan
- No-fault ground
- a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there's no reasonable likelihood the marriage can be preserved
- Fault grounds
- Not available: no-fault only
- Law
- MCL 552.6
Property and debts in Michigan
- System
- Equitable distribution
- The rule
- Marital property and debts are divided fairly (not always 50/50), based on factors like length of the marriage, contributions, earning abilities, needs and sometimes fault. Separate property usually stays with its owner.
- Law
- MCL 552.19, 552.23
Alimony (spousal support) in Michigan
Called spousal support. There is no formula: the judge decides case by case, considering factors such as length of the marriage, each spouse's ability to work and pay, needs, health, age, the property division, and fault. MCL 552.23.
Children: custody and support in Michigan
- What Michigan calls custody
- custody (legal and physical) and parenting time
- Parenting class
- Some counties require a parenting class in divorces with minor children; check your circuit court or Friend of the Court.
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Michigan Office of Child Support / Friend of the Court (MiChildSupport)
Serving your spouse in Michigan
- How your spouse gets the papers
- Your spouse must be served with the summons and complaint by someone 18+ who is not a party (personal service), or by registered or certified mail, restricted delivery, return receipt. Your spouse can also sign an acknowledgment of service.
- Time to respond
- 21 days after personal service; 28 days if served by mail or outside Michigan.
- Law
- MCR 2.105, 2.108; Michigan Legal Help
Going back to a former name in Michigan
Yes. Ask in your complaint (or counter-complaint) to restore your maiden or previous name, or the judge can allow a different last name in the Judgment of Divorce.
Mediation in Michigan
Common. The judge or Friend of the Court may refer contested issues to mediation (there may be a fee); cases with a personal protection order or abuse can be excused.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Michigan: If you are in danger, call 911. You can ask the circuit court for a Personal Protection Order (PPO); see Michigan Legal Help's personal safety section.
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Free help in Michigan
Good to know in Michigan
- Michigan's waiting period jumps from 60 days to 6 months when you have minor children, but a judge can shorten it for hardship (MCL 552.9f).
- A spouse served in person has 21 days to answer; by mail or out of state, 28 days (Michigan Legal Help).
Divorce checklist for Michigan
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Michigan
How long do you have to live in Michigan to file for divorce?
You or your spouse must have lived in Michigan for at least the last 180 days before filing, and in the county where you file for at least 10 days (with some exceptions).
How long does a divorce take in Michigan?
No testimony can be taken (so the divorce can't be finished) until 60 days after filing if you have no minor children, or 6 months if you have children under 18. With children, the judge can shorten the wait for unusual hardship or another compelling reason, but not below 60 days.
What are the grounds for divorce in Michigan?
Michigan's no-fault ground is a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there's no reasonable likelihood the marriage can be preserved. Michigan has no fault grounds.
Is Michigan a community property state?
No. Michigan uses equitable distribution. Marital property and debts are divided fairly (not always 50/50), based on factors like length of the marriage, contributions, earning abilities, needs and sometimes fault. Separate property usually stays with its owner.
Can I get the divorce filing fee waived in Michigan?
File a Fee Waiver Request (MC 20) with your complaint; Michigan Legal Help's guided interview can prepare it: https://michiganlegalhelp.org/
Is there a simpler divorce process in Michigan?
No summary process. If your spouse doesn't answer, you can finish by default; if you agree, you can submit a consent judgment after the waiting period. Michigan Legal Help has do-it-yourself tools for divorce with and without children.
How long does my spouse have to respond in Michigan?
21 days after personal service; 28 days if served by mail or outside Michigan.
Can I change my name back in a divorce in Michigan?
Yes. Ask in your complaint (or counter-complaint) to restore your maiden or previous name, or the judge can allow a different last name in the Judgment of Divorce.
Is mediation required in a divorce in Michigan?
Common. The judge or Friend of the Court may refer contested issues to mediation (there may be a fee); cases with a personal protection order or abuse can be excused.
Do divorcing parents have to take a class in Michigan?
Some counties require a parenting class in divorces with minor children; check your circuit court or Friend of the Court.
How does alimony work in Michigan?
Called spousal support. There is no formula: the judge decides case by case, considering factors such as length of the marriage, each spouse's ability to work and pay, needs, health, age, the property division, and fault. MCL 552.23.