Divorce in Michigan (2026)

Michigan: The First No-Fault Divorce State

Michigan holds a unique place in American family law history. In 1972, Michigan became the first state to adopt a purely no-fault divorce system when the Michigan legislature eliminated all fault-based grounds for divorce. Under MCL § 552.6, the only ground for divorce in Michigan is 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.”

This was a radical departure from the traditional system, which required one spouse to prove that the other had committed a marital wrong — such as adultery, cruelty, or desertion — before a divorce could be granted. Michigan’s approach reflected a growing recognition that forcing spouses to assign blame was both psychologically damaging and often dishonest, as couples would fabricate or exaggerate fault grounds to satisfy legal requirements.

Michigan’s no-fault standard is truly pure in that it provides no alternative fault-based option. Some states that later adopted no-fault divorce retained fault grounds as an alternative, giving spouses a choice. Michigan did not. Every divorce in the state proceeds under the same single standard, regardless of the circumstances that led to the marriage’s breakdown. However, while fault is irrelevant to obtaining the divorce itself, the “past relations and conduct of the parties” can still be considered in property division and spousal support determinations.

Residency and Filing Requirements

Michigan has a two-part residency requirement under MCL § 552.9. At least one spouse must have been a resident of the state for a minimum of 180 days (approximately six months) before filing. Additionally, the filing spouse must have resided in the county where the complaint is filed for at least ten days before initiating the action.

If one spouse recently moved to a new county within Michigan, they can either wait ten days to establish county residency or file in the county where they previously lived, provided they still meet the state residency threshold.

The filing fee is $255, and fee waivers are available for those who qualify based on financial need.

Waiting Periods

Michigan imposes mandatory waiting periods that depend on whether the couple has minor children:

• 60 days: The minimum waiting period for couples without minor children
• 6 months: The waiting period for couples with minor children, though the court may reduce this to 60 days upon a showing of good cause and unusual hardship

The waiting period begins on the date the complaint for divorce is filed, not the date of separation. During this time, the court may enter temporary orders addressing custody, parenting time, child support, spousal support, and use of the marital home.

Property Division: How Michigan Divides Assets

Michigan follows the equitable distribution model. Marital property is divided in a manner the court considers fair and equitable, not necessarily equally. The court evaluates a range of factors developed through case law, including:

• The duration of the marriage
• The needs and circumstances of each party
• The earning ability of each spouse
• The cause of the divorce (fault may be considered as one factor in property division, even though Michigan is a no-fault state for grounds)
• Past relations and conduct of the parties
• General principles of equity
• The contribution of each spouse to the marital estate
• The age and health of the parties

Separate property, including assets acquired before the marriage, gifts, and inheritances, is generally not subject to division, but a court may invade separate property if the marital estate is insufficient to achieve an equitable result.

Spousal Support (Alimony)

Michigan does not have a statutory formula for spousal support. Instead, the court exercises broad discretion based on factors identified in the Michigan Supreme Court’s decision in Sparks v. Sparks, 440 Mich. 141 (1992), including:

• The length of the marriage
• The ability of each party to work and their current income
• The property award made in the divorce
• The age and health of the parties
• The prior standard of living
• The contribution of each party to the joint estate
• Whether either party is responsible for the support of others
• Fault or past conduct of the parties

Spousal support may be temporary, periodic, or paid in a lump sum. For longer marriages, particularly those exceeding twenty years, courts are more likely to award longer or indefinite support. Because Michigan has no alimony statute, outcomes can vary from judge to judge and county to county.

The Michigan Divorce Process

1. Filing the Complaint — One spouse files a Complaint for Divorce with the circuit court in the appropriate county and pays the $255 filing fee.
2. Service of Process — The complaint and summons must be served on the other spouse, who has twenty-one days to file an answer (twenty-eight days if served by mail or outside the state).
3. Waiting Period — The mandatory waiting period of 60 days (no minor children) or 6 months (with minor children) begins running from the filing date.
4. Temporary Orders — Either party may request temporary orders for custody, parenting time, child support, spousal support, and use of the marital home.
5. Discovery and Financial Disclosure — Both parties exchange financial information through formal discovery, including interrogatories, document production, and depositions.
6. Settlement Conference or Mediation — Michigan courts typically require a settlement conference before trial. Mediation is commonly used, particularly for custody and parenting disputes.
7. Trial (if needed) — Unresolved issues are decided by the circuit court judge at trial.
8. Judgment of Divorce — The court enters a Judgment of Divorce, which incorporates the settlement agreement or the court’s rulings on all contested matters.

An uncontested divorce can typically be completed in 2 to 4 months. Contested cases may take 1 to 2 years.

When to Consult an Attorney

Even though Michigan’s no-fault ground eliminates disputes about why the marriage is ending, the state’s equitable distribution framework, discretionary spousal support standards, and differing waiting periods for cases involving children all create complexity. Legal representation is strongly recommended when the divorce involves substantial or complex assets, disagreements about custody or parenting time, a significant income disparity between the spouses, or concerns about the other party hiding assets. An experienced Michigan family law attorney can help you navigate the waiting period requirements, advocate for a fair property division, and protect your parental rights.

Frequently Asked Questions

Can I file a fault-based divorce in Michigan?

No. Michigan is a purely no-fault divorce state and has been since 1972, when it became the first state in the country to eliminate all fault-based grounds. Under MCL Section 552.6, the only ground for divorce is that the marriage has broken down to the extent that the objects of matrimony have been destroyed. However, fault and marital misconduct can still be considered when the court divides property and determines spousal support under the Sparks factors.

What are the residency and waiting period requirements for a Michigan divorce?

At least one spouse must have been a resident of Michigan for 180 days and a resident of the filing county for at least 10 days. Michigan imposes a mandatory waiting period of 60 days for couples without minor children and six months for couples with minor children. The six-month period may be shortened to 60 days upon a showing of good cause and unusual hardship.

Is Michigan a community property or equitable distribution state?

Michigan follows equitable distribution. The court divides marital property in a manner it considers fair and equitable, not necessarily equally. Notably, fault may be considered as one factor in property division even though Michigan is no-fault for grounds. The court evaluates each spouse’s contributions, the duration of the marriage, needs, and earning ability.

Is Michigan a no-fault divorce state?

Yes. Michigan is purely no-fault and was the first state to adopt this approach in 1972. The only ground is that the marriage has broken down to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood of preservation. Neither spouse needs to prove wrongdoing.

How does Michigan handle spousal support?

Michigan has no alimony statute — spousal support is governed entirely by case law. The leading factors come from the Michigan Supreme Court’s Sparks v. Sparks (1992) decision and include the marriage duration, each party’s ability to work, the source and amount of property awarded, the parties’ ages, and the prior standard of living.

How This Guide Was Researched

This guide is based on Michigan Compiled Laws Sections 552.1 through 552.45, which govern divorce proceedings in Michigan. The no-fault standard was analyzed under MCL Section 552.6, and residency requirements were verified under MCL Section 552.9. Property division and spousal support factors were drawn from the Michigan Supreme Court’s decision in Sparks v. Sparks, 440 Mich. 141 (1992), and subsequent appellate decisions interpreting equitable distribution principles. Court procedures were confirmed through the Michigan Courts Self-Help Center, Michigan Legal Help, and the State Bar of Michigan’s family law resources.

Sources and Legal References

This guide draws on the following Michigan statutes, case law, and official resources:

• MCL § 552.6 — No-fault ground for divorce (breakdown of the marriage relationship)
• MCL § 552.9 — Residency requirements (180 days state, 10 days county)
• MCL §§ 552.1 through 552.45 — Michigan divorce statutes
• Sparks v. Sparks, 440 Mich. 141 (1992) — Leading case on spousal support factors
• MCL § 552.19 — Property division framework

Official Michigan Resources

• Michigan Legal Help — Divorce
• Michigan Legal Help — Family Law
• Michigan Courts — Self-Help: Divorce

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Michigan Divorce Guides

• No-fault divorce process in Michigan
• Divorce in Michigan: A complete overview
• Property division in Michigan

Other Michigan Family Law

• Child custody in Michigan
• Child support and alimony in Michigan

National Guides

• No-fault divorce explained
• Complete guide to divorce
• Property division in divorce
• How long does divorce take?