Divorce in Michigan: Laws, Costs & Process

Filing for divorce in Michigan starts with one foundational fact: Michigan is a pure no-fault state. You do not need to prove adultery, abandonment, or any other wrongdoing. Instead, you must state 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.” That single sentence, drawn from MCL 552.6, is the only ground for divorce in Michigan.

Understanding Michigan divorce laws before you file can save you months of confusion and thousands of dollars. This guide covers every major step, from residency requirements and filing fees to property division, spousal support, child custody, and the role of Michigan’s unique Friend of the Court system. Whether you are considering an uncontested divorce or preparing for a contested case, the information below reflects current Michigan statutes and court procedures.

Grounds for Divorce in Michigan

Michigan became a no-fault divorce state on January 1, 1972, when the legislature enacted Act 75 of 1971. Under MCL 552.6, the only ground for divorce is the breakdown of the marriage relationship. Neither spouse needs to prove the other did anything wrong.

When you file your Complaint for Divorce, you must use the statutory language: 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 the marriage can be preserved. No additional explanation of grounds is required.

The defendant (the other spouse) may admit or deny this allegation, but even an admission is not binding on the court. The judge must independently determine that the evidence supports granting the divorce.

What this means in practice: Fault-based arguments about infidelity or misconduct will not appear in your divorce complaint. However, marital misconduct can still factor into property division and spousal support decisions. It simply is not a ground for the divorce itself.

How to File for Divorce in Michigan

Residency Requirements

Before you can file, Michigan law under MCL 552.9 requires:

• State residency: At least one spouse must have lived in Michigan for 180 days (about six months) immediately before filing.
• County residency: The filing spouse must have lived in the county where they file for at least 10 days immediately before filing.

There is one narrow exception to the county requirement. If the case involves minor children and the defendant is a foreign national, and there is a reasonable concern the defendant may remove the children from the country, you may file in any Michigan county.

Step-by-Step Filing Process

1. Prepare your Complaint for Divorce. Michigan courts provide standardized forms. You will need form MC 01 (Summons) and the Complaint for Divorce, along with additional forms if minor children are involved.

2. File with the circuit court clerk. File your complaint in the circuit court of the county where you meet the 10-day residency requirement. Pay the filing fee at this time.

3. Serve the other spouse. Michigan law requires formal service of process. A process server, sheriff, or any adult who is not a party to the case can serve the papers. If your spouse agrees, they can sign an Acknowledgment of Service.

4. Wait for the response. The defendant has 21 days to file an answer (28 days if served by mail or outside Michigan).

5. Friend of the Court involvement. If minor children are involved, the Friend of the Court office will be assigned to your case. This office investigates custody, parenting time, and child support matters.

6. Discovery and negotiation. Both spouses exchange financial information. Many cases settle through negotiation or mediation without going to trial.

7. Waiting period. The court cannot finalize your divorce until the mandatory waiting period passes: 60 days if you have no minor children, or 180 days if you do.

8. Judgment of Divorce. Once all issues are resolved (by agreement or trial), the judge signs the Judgment of Divorce, making the dissolution official.

When Sarah filed in Washtenaw County, she and her spouse had already agreed on property division and had no children. Her case moved through the 60-day waiting period and was finalized in under three months. An uncontested divorce in Michigan can be remarkably efficient when both spouses cooperate.

Michigan Divorce Costs and Filing Fees

Court Filing Fees

Michigan circuit court filing fees are set by statute and apply statewide:

Fee	Amount	Authority
Filing fee (no minor children)	$175	MCL 600.2529(1)(a) + MCL 600.1986(1)(a)
Filing fee (with minor children)	$255	Includes $80 Friend of the Court Fund fee
Motion filing fee	$20 per motion	MCL 600.2529
E-filing system fee	$25 (included above)	MCL 600.1986(1)(a)

If you cannot afford the filing fee, you may request a fee waiver using Michigan form MC 20 (Fee Waiver Request). You can find this form on Michigan Courts.

Uncontested vs. Contested Divorce Costs

The total Michigan divorce cost depends largely on whether you and your spouse agree on the major issues.

Cost Category	Uncontested	Contested
Court filing fees	$175-$255	$175-$255
Attorney fees	$1,500-$3,500	$10,000-$50,000+
Mediation	$500-$3,000	$1,000-$5,000
Expert witnesses/appraisals	Rare	$1,000-$10,000+
Total estimated range	$1,500-$5,000	$10,000-$50,000+

Michigan family law attorneys typically charge between $225 and $600 per hour, with the state average around $300 per hour. Retainer fees usually range from $2,500 to $10,000 depending on case complexity.

When David filed in Wayne County, he initially thought he and his spouse agreed on everything. Disagreements over their home equity turned the case contested, and legal fees climbed past $20,000 over eight months. Starting with a clear divorce cost estimator can help you plan for realistic expenses and motivate settlement discussions early.

Want to understand how these costs compare nationally? Our complete guide to divorce breaks down expenses across all 50 states.

How Michigan Divides Property

Michigan is an equitable distribution state, not a community property state. Under MCL 552.401, the court may award either spouse “all or a portion of the property owned by his or her spouse, as appears to the court to be equitable under all the circumstances of the case.”

Equitable does not mean equal. It means fair. Courts start with a presumption that a roughly equal split is appropriate, but they can deviate when the circumstances justify it. A judge must clearly explain the reasoning for any unequal division.

Marital vs. Separate Property

• Marital property includes assets acquired during the marriage, regardless of whose name is on the title. This covers income, real estate, vehicles, retirement accounts, and business interests.
• Separate property includes assets owned before the marriage, gifts received by one spouse individually, and inheritances. Separate property generally stays with the original owner, but it can lose its separate character if commingled with marital funds.

Factors Courts Consider

Michigan courts weigh several factors when dividing property:

• Length of the marriage
• Each spouse’s contributions to the marital estate (including homemaking and child-rearing)
• Each spouse’s age and health
• Current earning ability and financial needs
• The standard of living established during the marriage
• Fault or misconduct that affected the marital estate (such as dissipating assets)
• General principles of equity

The divorce decree itself functions as a quitclaim deed for real property and a bill of sale for personal property. It transfers ownership from one spouse to the other.

Alimony and Spousal Support in Michigan

Michigan courts may award spousal support, sometimes called alimony, to either spouse. Unlike child support, there is no formula. Spousal support is determined on a case-by-case basis at the judge’s discretion.

Factors Judges Consider

Michigan courts evaluate spousal support based on several factors established through case law:

• Length of the marriage. Longer marriages make spousal support more likely.
• Each spouse’s ability to work. The court considers whether the requesting spouse can find employment and earn sufficient income.
• Contributions to the marriage. Non-monetary contributions like raising children and managing the household carry weight.
• Standard of living during the marriage. The court aims to prevent a dramatic drop in living standard for either spouse.
• Age and health of both parties.
• Financial needs and obligations. This includes whether either party supports other dependents.
• Marital fault. While fault alone will not justify an award, the conduct of the parties during the marriage is one factor judges may consider.
• Cohabitation. Whether either party lives with someone else and how that affects their financial status.

Types of Spousal Support

Michigan courts can award:

• Temporary support during the divorce proceedings
• Periodic (rehabilitative) support for a defined period, often to allow a spouse to complete education or job training
• Permanent support in long-term marriages where the receiving spouse cannot become self-supporting
• Lump-sum support as a one-time payment

Spousal support can be modified after the divorce if circumstances change significantly, unless the Judgment of Divorce specifically states otherwise.

Child Custody and Support in Michigan

Types of Custody

Michigan recognizes two forms of custody:

• Legal custody is the right to make major decisions about the child’s upbringing, including education, healthcare, and religion. Courts frequently award joint legal custody.
• Physical custody determines where the child lives. One parent may have primary physical custody while the other has parenting time, or parents may share roughly equal time.

The 12 Best Interest Factors (MCL 722.23)

Michigan’s Child Custody Act requires judges to evaluate custody disputes using 12 specific factors, commonly known as the “best interest factors.” Each factor must be considered, though they need not be weighted equally:

(a) The emotional bond between the child and each parent (b) Each parent’s capacity to provide love, affection, guidance, and continued education (c) Each parent’s ability to provide food, clothing, medical care, and material needs (d) How long the child has lived in a stable environment, and the value of maintaining continuity (e) The permanence of the existing or proposed custodial home as a family unit (f) The moral fitness of each parent (g) The mental and physical health of each parent (h) The child’s school, home, and community record (i) The child’s reasonable preference, if the child is old enough to express one (j) Each parent’s willingness to facilitate a close relationship with the other parent (k) Domestic violence, whether or not the child witnessed it (l) Any other relevant factor

The Friend of the Court

Michigan is unique among states in its Friend of the Court (FOC) system. When a divorce involves minor children, the FOC office in your county is automatically assigned to the case. The Friend of the Court:

• Investigates custody and parenting time disputes and writes a recommendation for the judge
• Calculates child support using the Michigan Child Support Formula
• Enforces court orders for custody, parenting time, and support
• Mediates disputes between parents

Judges are not required to follow the FOC’s recommendations, but they frequently do. Parents should approach FOC interviews and evaluations seriously, as these reports carry significant weight.

When Marcus and his co-parent disagreed about a school-year schedule in Oakland County, the Friend of the Court conducted home visits and interviews with both parents. The FOC recommended a plan that gave each parent meaningful time during the school year. The judge adopted the recommendation with minor adjustments.

You can estimate potential support obligations with our child support calculator.

Michigan Child Support Formula

Michigan uses an income-shares model to calculate child support. The Michigan Child Support Formula considers both parents’ incomes, the number of overnights each parent has, healthcare costs, childcare expenses, and other factors. The formula is updated periodically by the Friend of the Court Bureau.

Timeline: How Long Does Divorce Take in Michigan?

Michigan law imposes mandatory waiting periods before a divorce can be finalized:

• 60 days from the date of filing if there are no minor children
• 180 days (six months) from the date of filing if there are minor children

The judge has discretion to shorten the 180-day waiting period in some cases, but the 60-day minimum is absolute.

Realistic Timelines

Scenario	Typical Duration
Uncontested, no children	2-3 months
Uncontested, with children	6-9 months
Contested, moderate complexity	9-18 months
Highly contested with trial	12-24+ months

The waiting period is just the floor. If you and your spouse cannot agree on property division, custody, or support, the case will take longer. Discovery, mediation, Friend of the Court investigations, and trial preparation all add time.

Michigan does not require a separation period before filing. You can file for divorce in Michigan while still living in the same home, as long as you meet the residency requirements.

What to Do Next

If you are considering divorce in Michigan, here are practical steps to take now:

1. Confirm your residency. Make sure you meet the 180-day state and 10-day county requirements before filing.
2. Gather financial records. Collect tax returns, bank statements, pay stubs, mortgage documents, retirement account statements, and records of debts. You will need these for property division and support calculations.
3. Understand your budget. Use our divorce cost estimator to plan for filing fees, attorney costs, and related expenses.
4. Consider your custody goals. If you have children, familiarize yourself with the 12 best interest factors. Document your involvement in your children’s daily lives.
5. Consult a Michigan family law attorney. Even in an uncontested case, a brief consultation can help you understand your rights under Michigan divorce laws and avoid costly mistakes. Get a free consultation to discuss your situation.

For a broader understanding of the divorce process, visit our divorce guides section.

Frequently Asked Questions

Is Michigan a no-fault divorce state?

Yes. Michigan is a pure no-fault divorce state. The only ground for divorce 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” (MCL 552.6). You do not need to prove fault, and neither spouse needs to agree that the marriage is over for the court to grant the divorce.

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

The filing fee is $175 if you have no minor children, or $255 if minor children are involved. The higher fee includes an $80 payment to the Friend of the Court Fund. If you cannot afford the filing fee, you can request a fee waiver using form MC 20. Additional motion fees of $20 each may apply during your case.

How long do you have to be separated before divorce in Michigan?

Michigan does not require a separation period before filing for divorce. You can file while still living in the same home. However, you must meet the 180-day state residency requirement and the 10-day county residency requirement. After filing, there is a mandatory waiting period of 60 days (no minor children) or 180 days (with minor children) before the divorce can be finalized.

What is the Friend of the Court in Michigan?

The Friend of the Court (FOC) is a division of the circuit court in each Michigan county. When a divorce involves minor children, the FOC investigates custody, parenting time, and child support issues. The FOC conducts interviews, reviews evidence, and writes recommendations for the judge. It also helps enforce court orders after the divorce is finalized.

How does Michigan divide property in a divorce?

Michigan is an equitable distribution state, meaning property is divided fairly but not necessarily equally (MCL 552.401). Courts start with a presumption of roughly equal division. They consider factors like the length of the marriage, each spouse’s contributions, earning capacity, health, and any misconduct that affected the marital estate. Separate property generally stays with the original owner unless it was commingled with marital funds.

Can spousal support be modified after a Michigan divorce?

Yes, spousal support can be modified if there is a significant change in circumstances, such as job loss, retirement, or a major change in either spouse’s income or health. However, if the Judgment of Divorce specifically states that spousal support is non-modifiable, the court cannot change it. Lump-sum spousal support awards also cannot be modified.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from Michigan state statutes (Michigan Compiled Laws Chapter 552 and the Child Custody Act), the Michigan Courts website, Michigan Legal Help resources, and family law publications from the State Bar of Michigan. All statute citations have been verified against the official Michigan Legislature website. The goal is to explain Michigan divorce law in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• Michigan Compiled Laws Chapter 552, including MCL 552.6 (grounds for divorce), MCL 552.9 (residency requirements), and MCL 552.401 (property division)
• Michigan Child Custody Act, MCL 722.23 (best interest of the child factors)
• Michigan court filing fee schedules under MCL 600.2529 and MCL 600.1986
• Michigan Courts Circuit Court Fee and Assessments Table (February 2025)
• Michigan Legal Help family law resources
• State Bar of Michigan family law publications

Official Michigan Resources

• Michigan Courts, Divorce Information
• Michigan Legislature, MCL Chapter 552 (Divorce)
• Michigan Legal Help, Divorce
• Michigan Legislature, MCL 722.23 (Best Interest Factors)
• Michigan Courts, Fee Schedule (PDF)

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

Related Guides

Learn more about related family law topics:

• Complete guide to divorce
• Divorce guides
• Divorce cost estimator
• Child support calculator
• Contested vs. uncontested divorce
• No-fault divorce explained
• How long does divorce take?

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Last updated: March 2026. This guide summarizes general legal information based on publicly available Michigan statutes and court resources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed family law attorney in Michigan.