{"id":374136,"date":"2016-03-31T21:35:35","date_gmt":"2016-04-01T02:35:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/michigan-legal-requirements-for-divorce.html"},"modified":"2024-03-14T08:46:28","modified_gmt":"2024-03-14T13:46:28","slug":"michigan-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/michigan-legal-requirements-for-divorce.html","title":{"rendered":"Michigan Divorce Laws"},"content":{"rendered":"\n
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Michigan Divorce Laws <\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you file for divorce in Michigan, you should know your state\u2019s divorce laws. Just as there are statutory restrictions on marriage, so too are there for divorce.<\/p>\r\n

State laws establish specific requirements for divorce<\/a>. For example, you must meet Michigan\u2019s residency requirements<\/a> before filing for divorce. According to Michigan divorce law, you must live in-state for at least 180 days to file a complaint for divorce.<\/p>\r\n

Most states also have a waiting period<\/a> you must abide by. Michigan has a waiting period. The general waiting period is 60 days, but if you have children the waiting period is six months.<\/p>\r\n

Here, we\u2019ll discuss the divorce laws in Michigan. We will also provide helpful resources you can access if you want further information on the divorce process in Michigan.<\/p>\r\n

Michigan Only Offers a No-Fault Divorce<\/h2>\r\n

All states, including the State of Michigan, allow for a no-fault divorce<\/a>. A no-fault divorce means you do not need to prove that your spouse was at fault or did anything wrong. Instead, you must certify that there has been a breakdown of the marriage. This is a legal way of saying that you and your spouse do not get along and cannot repair the marriage.<\/p>\r\n

Unlike most states, Michigan does not offer a fault-based divorce. There are no grounds for divorce other than the one described above.<\/p>\r\n

It\u2019s worth noting that Michigan offers other options, such as annulment<\/a> or legal separation<\/a>.<\/p>\r\n

Contested Divorce vs. Uncontested Divorce<\/h2>\r\n

When you file your divorce papers, you must state whether you\u2019re filing a contested or uncontested divorce. The divorce proceedings will go more smoothly and much quicker with an uncontested divorce.<\/p>\r\n

In a contested divorce, the parties disagree on many divorce terms. For example, they may be unable to agree on custody arrangements or fight over the equitable distribution of marital assets.<\/p>\r\n

In an uncontested divorce, the parties agree to most or all divorce terms. They may have already negotiated a marital settlement agreement. In these cases, the parties ask the judge to issue a final judgment of divorce so they can move on.<\/p>\r\n

Michigan Custody Laws<\/h2>\r\n

If you and your spouse have kids, you must determine which parent will have legal and primary physical custody of your minor children<\/a>. Parents often negotiate a parenting agreement outlining where the children will live. This agreement will also include a parenting plan.<\/p>\r\n

Whichever parent has physical custody of the children will receive child support from the other parent. The family court determines child support in Michigan based on the state\u2019s child support guidelines<\/a>. The judge will also consider the parenting time of each party when setting the amount of child support.<\/p>\r\n

You and your spouse can agree on a different amount, but the judge has the right to reject your plan. Their primary concern is the best interests of the child. If one party isn\u2019t paying sufficient support, they will calculate child support using the support guidelines.<\/p>\r\n

Alimony and Spousal Support in Michigan<\/h2>\r\n

Aside from child custody, alimony is one of the most complex issues to negotiate. There is no guarantee that you\u2019ll receive spousal support. If you and your spouse can’t agree on alimony, the judge will determine whether the lower-earning spouse should receive spousal support.<\/p>\r\n

In making this determination, the court will consider the following factors:<\/p>\r\n