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Michigan Divorce Petition

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Introduction

A divorce petition in Michigan takes the form of a Complaint for Divorce, the formal legal pleading one spouse files with the court to open a divorce case and legally end a marriage. Michigan uses this Complaint, not a "petition," and the spouse who files is the Plaintiff while the other spouse is the Defendant. MCL 552.9(1) sets the entry requirements: a party must have resided in Michigan for 180 days immediately preceding the filing of the complaint, and in the county where the complaint is filed for 10 days immediately preceding filing. Michigan is pure no-fault. MCL 552.6(1) allows only the sworn allegation that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed with no reasonable likelihood the marriage can be preserved, and no fault grounds may be pleaded or proved. Once you file, MCL 552.9f imposes a waiting period of at least 60 days before a judgment may be entered, or 6 months (180 days) when the parties have minor children, though the court may shorten the six-month period for good cause and never below 60 days. You file in the county Circuit Court, Family Division, in a statutory "action for divorce," not a "dissolution of marriage."

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Key Things to Know

  1. 1

    In Michigan the instrument known elsewhere as a divorce petition is titled a Complaint for Divorce, the pleading that formally opens the case. The Plaintiff files it against the Defendant to ask the Circuit Court, Family Division, to legally end the marriage, and Michigan never uses the word "petition" for this filing.

  2. 2

    Residency (MCL 552.9(1)): you must have lived in Michigan for 180 days immediately before filing the complaint, and in the county of filing for 10 days immediately before filing. Both clocks are jurisdictional and must have run on the day you file.

  3. 3

    Grounds: Michigan is pure no-fault. MCL 552.6(1) requires only the sworn statement that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed with no reasonable likelihood the marriage can be preserved. No fault grounds may be pleaded or proved.

  4. 4

    No separation requirement: Michigan does not make spouses live separate and apart for any period before filing, so you can file the Complaint for Divorce as soon as the residency clocks are met.

  5. 5

    Waiting period (MCL 552.9f): at least 60 days must pass from filing before a judgment can be entered. That extends to 6 months (180 days) when you have minor children, and while the court may shorten the six-month period for good cause, it can never drop below the 60-day floor.

  6. 6

    Property: Michigan follows equitable distribution, not community property (MCL 552.19 and MCL 552.401), so the court divides the marital estate in a manner it considers fair rather than an automatic 50/50 split.

  7. 7

    Forms, fees, and terminology: file a Complaint for Divorce with a Summons (form MC 01) in the Family Division of your county's Circuit Court. Expect $175 with no minor children or $255 with minor children, reflecting a $150 base fee under MCL 600.2529(1)(a), a $25 e-filing fee, and an $80 Friend of the Court fee when children are involved.

Key decisions before you file

Before you file a Divorce Petition in Michigan, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Michigan Divorce Petition: The Rules That Actually Apply

In Michigan the case many people call a "divorce petition" is filed as a Complaint for Divorce, paired with a Summons (form MC 01), in the Circuit Court, Family Division for your county. Michigan uses no "petition" and no "petitioner." The spouse who files is the Plaintiff, the other spouse is the Defendant, and the case is statutorily an "action for divorce," never a "dissolution of marriage."

Who Can File: Residency

Residency is jurisdictional. MCL 552.9(1) requires that a party has resided in Michigan for 180 days immediately preceding the filing of the complaint, and in the county where the complaint is filed for 10 days immediately preceding filing. Both clocks must have run on the day you file, and falling short of either forces dismissal or a wait.

The Only Ground You Can Plead

Michigan is a pure no-fault state. MCL 552.6(1) requires only the sworn allegation "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." No fault grounds, such as adultery, cruelty, or desertion, may be pleaded or proved. Michigan also imposes no separation requirement, so spouses need not live separate and apart for any period before filing. This makes Michigan one of the most streamlined states in which to open a divorce, because the only substantive allegation is the statutory breakdown language itself.

Waiting Periods

Filing does not dissolve the marriage. MCL 552.9f sets a minimum of 60 days from the filing of the complaint before a judgment may be entered. When the parties have minor children, that period extends to 6 months (180 days). A court may shorten the six-month period for good cause, but it can never go below the 60-day floor. The longer window gives parents time to settle custody, parenting time, and support before the court finalizes anything.

Filing Fees

Cost turns on whether children are involved. Budget $175 with no minor children and $255 with minor children: a $150 base filing fee under MCL 600.2529(1)(a), a $25 e-filing fee, and, when children are involved, an $80 Friend of the Court custody fee.

Dividing Property

Michigan is an equitable distribution state, not a community-property state. Under MCL 552.19 and MCL 552.401, the court divides the marital estate in a way it deems fair, which frequently is not an even 50/50 split. The result turns on the length of the marriage, each spouse's contributions, and need.

Next Steps

Prepare your Complaint for Divorce and Summons (MC 01), confirm both the 180-day and 10-day residency clocks have run, and file in your county's Circuit Court, Family Division. Serving the Defendant with the Summons and Complaint starts the response clock. To start with a guide and template, see (/legal-document/divorce-petition).

Michigan Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: MCL 552.9(1): a party must have resided in Michigan for 180 days immediately preceding the filing of the complaint, and in the county where the complaint is filed for 10....

Residency (County)

Must file in the correct county Circuit Court, Family Division.

Grounds for Divorce

Must properly plead grounds: Pure no-fault. MCL 552.6(1) requires only the sworn allegation 'that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed....

Waiting Period

Mandatory waiting period: MCL 552.9f: a minimum of 60 days from filing the complaint before a judgment may be entered; 6 months (180....

Required Forms

Must file correct state forms: Complaint for Divorce and Summons (Summons form MC 01). Michigan uses a 'Complaint,' not a....

Property Division

Property is divided according to: Equitable distribution (not community property). See MCL 552.19 and MCL 552.401. laws.

Filing Fee

Filing fee is typically $175 with no minor children; $255 with minor children (base... unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

In Michigan, the pleading people call a "divorce petition" is filed as a Complaint for Divorce. It is the document the Plaintiff files against the Defendant in the Circuit Court, Family Division, asking the court to legally end the marriage. Michigan uses a "Complaint," not a "Petition," and pairs it with a Summons (form MC 01).

In Michigan there is no separate "dissolution of marriage" proceeding. The statutory action is called an "action for divorce," started by a Complaint for Divorce rather than a petition. So while other states use "petition" or "dissolution," Michigan uses one path: a Complaint for Divorce filed by the Plaintiff against the Defendant.

Under MCL 552.9(1), a party must have resided in Michigan for 180 days immediately preceding the filing of the complaint, and in the county where the complaint is filed for 10 days immediately preceding filing. Both requirements are jurisdictional and must be satisfied on the day you file.

Michigan is pure no-fault. MCL 552.6(1) requires only the sworn allegation that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed with no reasonable likelihood the marriage can be preserved. No fault grounds may be pleaded or proved.

No. Michigan does not require the spouses to live separate and apart for any period before filing. Once you meet the 180-day state and 10-day county residency requirements, you can file the Complaint for Divorce.

Under MCL 552.9f, at least 60 days must pass from filing the complaint before a judgment may be entered. That period extends to 6 months (180 days) when the parties have minor children. The court can shorten the six-month period for good cause but can never reduce it below the 60-day minimum.

The filing fee is typically $175 with no minor children and $255 with minor children. That reflects a $150 base filing fee under MCL 600.2529(1)(a), a $25 e-filing fee, and an $80 Friend of the Court fee when children are involved. Low-income filers can request a fee waiver.

Michigan follows equitable distribution, not community property. Under MCL 552.19 and MCL 552.401, the court divides the marital estate in a manner it considers fair rather than automatically splitting it in half. Outcomes turn on factors such as the length of the marriage, each spouse's contributions, and need.