Michigan Divorce Forms and Process

Not every couple can stay together. Marriages end in various ways, such as annulment, legal separation, or divorce. Regardless of which option you choose, you must understand the legal process. The court clerk may dismiss your case if you don’t follow the local court rules. You’ll have the chance to refile your divorce papers, but this can be expensive and time-consuming.

Legal Requirements for Divorce in Michigan

The Michigan divorce process can be confusing, especially for laypeople. If you’re considering divorce, you must meet specific legal requirements. For example, Michigan has a residency requirement for people filing for divorce.

To file for divorce, you or your spouse must have lived in Michigan for at least 180 days. Additionally, one of you must have lived in the county where you filed your divorce for at least ten days.

Michigan divorce law also imposes a mandatory waiting period. There is a 60-day waiting period for both contested divorces and uncontested divorces. The waiting period for couples with minor children is six months. The waiting period begins when the petitioner files their bill of complaint for divorce.

These are a couple of the legal requirements for divorce in Michigan. Here, we’ll discuss the types of divorce you can file for, point you toward the correct divorce forms, and explain the divorce process in Michigan.

Contested and Uncontested Divorces in Michigan

Most states give you the option of filing a contested divorce or an uncontested divorce. The primary difference between the two is that the parties agree to the terms of an uncontested divorce (summary dissolution). They present the family court with a marital settlement agreement and ask the judge to approve it.

With a contested divorce, the parties disagree on several significant issues. Some of these issues may include:

• Alimony or spousal support
• Child custody
• Parenting time or visitation
• Child support
• Division of property

Your divorce attorney will work with your spouse’s divorce lawyer to resolve these issues. If they can't, your divorce case will go to trial. After both sides present their arguments, the family court judge will issue their final opinion. This is also when they hand down their judgment of divorce.

Fault-Based Divorce and No-Fault Divorce

Most people today file a no-fault divorce. They don’t have any reason to cite specific grounds for divorce. In a no-fault divorce, the law only requires that you certify that the marriage is broken and that there is no chance of preserving the marriage.

Michigan is unique in that it does not recognize other grounds for divorce. There is no need or opportunity to cite the traditional grounds, such as adultery, abandonment, or cruel treatment.

Filing Fees for Divorce

You must pay the requisite filing fee when you submit your completed forms and divorce documents. In Michigan, the filing fee for divorce is $175. If you have minor children and custody and support are at issue, there are additional fees. You can apply for a fee waiver if you cannot afford the filing fee.

Don't mistake the filing fee with your attorney fees. The court will not ask an attorney to waive their fee.

You pay your filing fee when you submit your divorce papers. The court clerk of the family division will stamp your papers to confirm receipt. Once they do this, you must serve your spouse a copy of your documents. The court will demand proof of service before they begin divorce proceedings.

Most people do this using a process server. They will provide you with a confirmation stating that they served your spouse with a copy of your divorce papers. You also have the option of using certified mail. If you choose this option, you must submit a copy of the signature card, proving that your spouse got a copy of your court papers.

Your spouse will have 21 days to file their Answer. The length of time to respond may be increased to 28 days if your spouse was served out of state or by certified mail. Your divorce attorney will ask for a final hearing if they fail to answer. A request to have a judgment entered due to default must be filed with the court.

There is a 90-day waiting period after the request is filed. At the end of this time, if your spouse has still not filed an Answer with the court, the judge can issue a default judgment in your favor. If they file an Answer, your divorce case will proceed as usual.

Michigan Divorce Forms and Process at a Glance

When researching the Michigan divorce process, you’ll encounter terms you may not be familiar with. It’s a good idea to review the divorce statutes to learn what you can.

In the table below, you'll find some basic information relating to the divorce forms and divorce process in Michigan. You will also find links to the relevant statutes.

Note: State laws are always subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state’s laws.

Get Legal Help With the Divorce Forms and Process in Michigan

There are various procedural requirements when filing for divorce in Michigan. Failure to comply with these requirements can result in costly delays. It's best to consult an experienced divorce attorney in Michigan. They will assist you through the divorce proceedings and ensure your marital settlement agreement is fair and equitable.

Visit Findlaw's attorney directory to find a Michigan divorce lawyer near you.

Michigan Divorce Forms and Process: Related Resources

For more information and resources related to this topic, please visit the links below:

• Michigan Annulment and Prohibited Marriage Laws
• Michigan Marital Property Laws
• Michigan Child Custody Laws
• Michigan Child Support Guidelines