Michigan's No-Fault Divorce Process Explained

Michigan is a purely no-fault divorce state. Under MCL 552.6, 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.” Neither spouse needs to prove wrongdoing, and fault-based grounds such as adultery or cruelty are not required to obtain a divorce.

Understanding Michigan’s no-fault framework, waiting periods, and the role of the Friend of the Court is essential for anyone navigating the divorce process in the state. For a general overview of the divorce process nationwide, see our guide on how to file for divorce.

What “No-Fault” Means in Michigan

In a no-fault divorce system, the court does not assign blame for the end of the marriage. To file for divorce, the plaintiff simply states under oath that the marriage has broken down and there is no reasonable likelihood of reconciliation. The other spouse cannot prevent the divorce by contesting this claim — if one spouse says the marriage is over, that is sufficient.

However, no-fault does not mean that a spouse’s behavior during the marriage is irrelevant. While fault is not a ground for divorce, conduct may still be considered in:

• Property division: Michigan courts may consider fault as one factor in dividing marital property equitably.
• Spousal support: A spouse’s conduct during the marriage can influence alimony determinations.
• Child custody: The court always evaluates each parent’s behavior as it relates to the child’s best interests.

For a broader comparison of no-fault and fault-based divorce systems, see our article on no-fault divorce.

Residency Requirements

Before filing for divorce in Michigan, you must meet the state’s residency requirements under MCL 552.9:

• At least one spouse must have been a resident of Michigan for at least 180 days (approximately six months) before filing.
• The filing spouse must have been a resident of the county where the complaint is filed for at least 10 days before filing.

If you recently moved to Michigan, you must wait until the 180-day residency requirement is satisfied before filing. There is an exception for service members stationed in Michigan.

The Filing Process

Step 1: File a Complaint for Divorce

The divorce process begins when one spouse (the plaintiff) files a Complaint for Divorce with the circuit court in the county where either spouse resides. The complaint states that the marriage has broken down and requests the court to grant a divorce and address related issues such as property division, custody, and support.

Step 2: Serve the Other Spouse

After filing, the complaint and a summons must be formally served on the other spouse (the defendant). Service can be accomplished by:

• A process server or sheriff
• Certified mail with return receipt
• Other methods approved by the court

The defendant then has 21 days (if served in Michigan) or 28 days (if served outside Michigan) to file a response.

Step 3: The Waiting Period

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

• 60 days if the couple has no minor children
• 180 days if the couple has minor children

The waiting period begins on the date the complaint is filed, not the date of service. The court has discretion to reduce the 180-day waiting period to no less than 60 days in cases involving children, but this requires a showing of good cause.

Step 4: Discovery and Negotiation

During the waiting period, the parties exchange financial information, negotiate settlement terms, and attempt to resolve disputes. This phase may involve:

• Financial disclosure: Both spouses must provide complete information about income, assets, and debts.
• Mediation: The court may refer the parties to mediation to resolve custody, support, or property disputes.
• Settlement negotiations: Many Michigan divorces are resolved by agreement without a trial.

Step 5: Judgment of Divorce

If the parties reach a full agreement, the court enters a Consent Judgment of Divorce incorporating the terms. If disputes remain, the case proceeds to trial, where a judge makes the final decisions.

For more on the difference between resolving a divorce by agreement and going to trial, see our article on contested vs. uncontested divorce.

The Friend of the Court

One of the most distinctive features of Michigan’s family court system is the Friend of the Court (FOC). The FOC is an office within each circuit court that assists the court in domestic relations cases involving children. Its functions include:

Investigations and Recommendations

The FOC investigates custody and parenting time disputes and provides the judge with a written recommendation. While the judge is not bound by the FOC recommendation, it carries significant weight in many cases.

Child Support Enforcement

The FOC is responsible for enforcing child support orders, including:

• Processing support payments through the Michigan State Disbursement Unit
• Initiating enforcement actions for nonpayment, which can include wage garnishment, tax refund interception, license suspension, and contempt of court proceedings

Mediation Services

The FOC provides mediation services for parenting time and custody disputes. In many counties, the FOC mediator is the first resource parents use before returning to court for a modification.

Parenting Time Enforcement

If a parent is denied court-ordered parenting time, they can file a complaint with the FOC, which can investigate and recommend enforcement remedies.

Property Division in a No-Fault State

Michigan is an equitable distribution state, meaning the court divides marital property in a manner it considers fair — not necessarily 50/50. Under Michigan case law, the court considers factors including:

• Duration of the marriage
• Contribution of each party to the marital estate
• Each party’s needs and earning ability
• Cause of the divorce (fault may be considered here)
• Each party’s age and health
• The general principles of equity

Separate property — assets owned before the marriage, gifts, and inheritances — is generally not subject to division, though it may be invaded in limited circumstances where equity requires it.

For more on property division approaches, see our article on community property vs. equitable distribution.

Custody in a No-Fault State

Michigan determines child custody based on the best interest of the child standard, codified in the Child Custody Act of 1970 (MCL 722.23). The court evaluates 12 statutory best interest factors, including:

• The love, affection, and emotional ties between the child and each parent
• Each parent’s capacity to provide food, clothing, and medical care
• The moral fitness of each parent
• The mental and physical health of each parent
• The child’s established custodial environment
• The child’s preference (if of suitable age)
• Domestic violence history

The fact that Michigan is a no-fault state does not prevent the court from examining parental behavior when determining custody. What matters is how that behavior affects the child’s well-being.

For more on how custody decisions are made, see our guide on how is child custody determined.

What to Do Next

If you are considering a divorce in Michigan or have been served with divorce papers, the following steps can help protect your interests:

1. Confirm your residency. Make sure you meet the 180-day state residency and 10-day county residency requirements before filing.
2. Understand the waiting period. If you have minor children, plan for a minimum 180-day process from the date of filing.
3. Gather financial records. Collect tax returns, pay stubs, bank statements, retirement account statements, and documentation of assets and debts. Complete financial disclosure is required.
4. Learn about the Friend of the Court. If children are involved, the FOC will play an active role in your case. Understanding what the FOC does — and how its recommendations affect outcomes — is important.
5. Consult with a Michigan family law attorney. No-fault does not mean simple. Property division, custody, and support issues involve complex legal standards and significant judicial discretion.

Schedule a free consultation to discuss your Michigan divorce questions with an experienced family law attorney.

Frequently Asked Questions

Do I need a reason to file for divorce?

All 50 states offer no-fault divorce, meaning you do not need to prove your spouse did anything wrong. You typically only need to state that the marriage is “irretrievably broken” or that there are “irreconcilable differences.” Some states still allow fault-based grounds as an option.

Does it matter who files for divorce first?

Filing first gives you the ability to choose the jurisdiction (if multiple options exist) and start the timeline. It can also provide a psychological sense of control. However, filing first does not typically give you a legal advantage in the outcome of the case.

What is the first step in getting a divorce?

The first step is filing a divorce petition with your local court. Before filing, gather important financial documents, understand your state’s residency requirements, and consider consulting a family law attorney to understand your rights and options.

How long does a typical divorce take?

An uncontested divorce can be finalized in as little as 30 to 90 days in some states. Contested divorces involving disputes over custody, property, or support often take 6 to 18 months or longer, depending on the complexity and court backlogs.