How divorce works in Michigan, from filing to final judgment.
Divorce in Michigan starts with filing a complaint in the circuit court for your county, and it ends with a judgment of divorce after a mandatory waiting period of at least 60 days, or 6 months if you have minor children. Michigan is a no fault state, so neither spouse has to prove the other did anything wrong. You or your spouse must have lived in Michigan for 180 days before filing, and most cases settle without ever going to trial.
What are the grounds for divorce in Michigan?
There's only one. Under MCL 552.6, the court enters a judgment of divorce when there's been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can be preserved. That's the entire legal standard, and one spouse saying it under oath is enough.
That means your spouse can't stop the divorce by refusing to agree to it. Adultery, abandonment, and cruelty aren't grounds you need to prove, and you can't be forced to stay married because the other side won't cooperate. Fault can still matter around the edges, since judges may consider conduct when dividing property or weighing spousal support, but it isn't a gate you have to pass through to file.
Who can file, and where?
Michigan has two residency requirements, both set out in MCL 552.9. First, you or your spouse must have lived in Michigan for at least 180 days immediately before filing. Second, the filing spouse generally must have lived in the county where the case is filed for at least 10 days before filing. There's a narrow exception to the county rule aimed at preventing international child abduction, but for almost everyone, 180 days in the state and 10 days in the county is the test.
If you meet both, you file in circuit court. In our area that usually means Wayne County, and our family law and divorce practice handles cases there every week.
How long does a divorce take in Michigan?
Michigan builds a waiting period into every divorce, and it runs from the date of filing, not the date you reach an agreement.
| Situation | Minimum wait | Can it be shortened? |
|---|---|---|
| No minor children | 60 days from filing | No. The 60 day minimum cannot be waived |
| Minor children | 6 months from filing | Yes, for unusual hardship or compelling necessity, but never below 60 days |
Those are floors, not estimates. A simple uncontested case with no kids can wrap up shortly after the 60 days run. A contested case with custody disputes, business valuations, or a crowded court docket can take a year or more. Under MCL 552.9f, a judge can shorten the waiting period for couples with children down to 60 days in cases of unusual hardship or compelling necessity, but courts grant that sparingly, and nothing gets a Michigan divorce done in under 60 days.
What are the steps in a Michigan divorce?
Every case is different, but the path runs through the same stations:
- Filing. One spouse files a complaint for divorce with the circuit court and pays the filing fee. That spouse is the plaintiff, the other is the defendant, and the labels carry no advantage.
- Service. The defendant is formally served with the papers and has a set time to respond.
- Temporary orders. Either spouse can ask the court for temporary arrangements while the case is pending, covering things like custody, parenting time, support, and who stays in the house.
- Discovery. Both sides exchange financial information, account statements, and anything else needed to understand what's in the marital pot.
- Mediation. Most Michigan courts order the parties into mediation, where a neutral third party helps you work toward agreement on the open issues.
- Settlement or trial. If you reach an agreement, it's put on the record. If not, the unresolved issues go to a judge.
- Judgment. Once the waiting period has run and the terms are set, the court enters a judgment of divorce. That document, not the filing, is what ends the marriage.
How is property divided?
Michigan follows equitable distribution, which means marital property is divided fairly, not automatically fifty fifty. In practice, courts start near an even split and adjust based on factors like the length of the marriage, each spouse's contributions, age, health, earning ability, and conduct. Property either spouse brought into the marriage, or received individually as a gift or inheritance, is generally treated as separate, though it can get pulled in under some circumstances. The cleaner your financial picture and records, the smoother this part goes.
What about spousal support?
Spousal support, what most people call alimony, isn't automatic in Michigan. It's discretionary, and judges weigh a long list of factors, including the length of the marriage, each spouse's ability to work and earn, age and health, how property was divided, each party's needs, and the standard of living during the marriage. Short marriages between two working spouses often produce no support at all. Longer marriages where one spouse stayed home or earns far less are where support becomes a real conversation, and it's one worth having with a lawyer before you negotiate anything.
How is custody decided?
If you have minor children, custody and parenting time are decided under the best interests of the child standard in MCL 722.23. The statute lists twelve factors, covering things like the emotional ties between each parent and the child, each parent's capacity to provide love, guidance, food, clothing, and medical care, the stability of each home, the moral fitness and mental and physical health of the parties, the child's record at home and school, each parent's willingness to support the child's relationship with the other parent, and any domestic violence, whether or not the child witnessed it.
That last factor matters more than many people realize. Allegations on either side of a case can reshape custody, which is one reason criminal and family matters so often overlap. If that's part of your situation, our post on domestic violence charges in Michigan explains how those cases work and what's at stake.
Why do most divorces settle?
Because trials are expensive, slow, and unpredictable, and because by the time discovery and mediation are done, both sides usually understand roughly where a judge would land. Settling lets you keep control of the terms instead of handing the decision to a stranger, and it's almost always cheaper.
That points to the honest answer about cost: what makes a divorce expensive isn't the filing, it's the fighting. Contested custody, hidden assets, and spouses who litigate on principle drive fees up fast. Being organized with your finances, picking your battles, and staying open to reasonable settlement keeps costs down. If you want to talk through what your situation would actually involve, reach out and we'll give you a straight answer in a free consultation.
Quick answers
How long do you have to live in Michigan to file for divorce?
Under MCL 552.9, you or your spouse must have lived in Michigan for at least 180 days immediately before filing, and the filing spouse generally must have lived in the county where the case is filed for at least 10 days before filing.
What is the waiting period for a divorce in Michigan?
Michigan requires a minimum of 60 days from filing before a divorce can be finalized if there are no minor children, and 6 months if there are minor children. In cases of unusual hardship or compelling necessity, a judge can shorten the 6 month period, but never below 60 days. The 60 day minimum cannot be waived.
Do both spouses have to agree to a divorce in Michigan?
No. Michigan is a no fault state, and under MCL 552.6 only one spouse needs to testify that the marriage has broken down with no reasonable likelihood it can be preserved. The other spouse cannot stop the divorce by refusing to agree, though they can contest issues like property, support, and custody.
Related reading
- Domestic Violence Charges in Michigan
- How Much Does a Criminal Defense Lawyer Cost in Michigan?
- Family Law and Divorce at D.C. Law