Getting Divorced in Michigan: A Guide for Non-Lawyers

Before filing for divorce in Michigan, ensure you meet the residency requirements. Either you or your spouse must have lived in Michigan for at least 180 days (6 months) and in the county where you're filing for at least 10 days immediately before filing. Michigan is a no-fault divorce state, meaning you only need to 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.'

Collect documents related to assets, debts, income, expenses, and children. This includes tax returns, pay stubs, bank statements, retirement account statements, mortgage documents, car titles, credit card statements, loan documents, insurance policies, and children's records (birth certificates, school records, medical records). These will be needed for financial disclosures and property division discussions.

In Michigan, the divorce process begins with filing a 'Complaint for Divorce' (also called a Petition for Dissolution of Marriage in some jurisdictions). This document states the grounds for divorce, identifies both parties, confirms residency requirements are met, and may include initial requests regarding property division, spousal support, child custody, and child support. The complaint must be filed in the circuit court of the county where either spouse has resided for at least 10 days.

File the Complaint for Divorce with the circuit court clerk in the appropriate county. You'll need to pay a filing fee (approximately $175-$255 depending on the county). If you cannot afford the filing fee, you can request a fee waiver by filing a 'Fee Waiver Request' form with the court.

After filing, you must legally serve your spouse with copies of the filed Complaint and Summons. In Michigan, this can be done through personal service by a process server, sheriff, or any adult who is not a party to the case. Alternatively, your spouse can voluntarily accept service by signing an Acknowledgment of Service form. Service must be completed within 91 days of filing the Complaint.

If you were served with divorce papers, you have 21 days to file a response if served personally, or 28 days if served by mail or while outside Michigan. The response should address each paragraph of the Complaint, either admitting or denying the statements. If you don't respond, the court may grant your spouse everything requested in the Complaint.

Both spouses must complete and exchange financial disclosure forms detailing all assets, debts, income, and expenses. In Michigan, this is typically done through a 'Verified Financial Information Form' or similar document. Be thorough and honest—hiding assets can result in penalties and may be grounds for reopening the divorce judgment later.

Many Michigan counties require divorcing couples to attempt mediation, especially in cases involving children. Mediation involves working with a neutral third party to resolve disputes about property division, spousal support, child custody, and child support. Even if not required, mediation can be less costly and contentious than litigation.

If you have minor children, create a detailed parenting plan addressing legal custody (decision-making authority), physical custody (where children will live), parenting time schedules, holiday arrangements, transportation between homes, and communication methods. Michigan courts strongly favor arrangements that allow children to maintain relationships with both parents unless there are safety concerns.

Michigan uses the Michigan Child Support Formula to determine child support obligations. Complete the Child Support Worksheet using information about both parents' incomes, the number of children, parenting time arrangements, health insurance costs, and childcare expenses. The Michigan Department of Health and Human Services offers an online calculator to help with these calculations.

Work with your spouse (and attorneys if applicable) to negotiate a comprehensive settlement agreement covering property division, debt allocation, spousal support, child custody, child support, and any other relevant issues. Michigan is an equitable distribution state, meaning marital property should be divided fairly (not necessarily equally). The agreement should be in writing and signed by both parties.

If retirement assets will be divided, you'll need a Qualified Domestic Relations Order (QDRO). This specialized court order directs retirement plan administrators to divide retirement benefits between spouses. Each retirement account typically requires a separate QDRO. Consider hiring a specialized attorney or QDRO preparation service, as these documents are complex and mistakes can be costly.

In Michigan, there is a mandatory waiting period before a divorce can be finalized: 60 days for couples without minor children, or 6 months for couples with minor children. The court may waive part of the 6-month waiting period in certain circumstances. At the final hearing, the judge will review all agreements and documents, may ask questions of either party, and if everything is in order, will grant the divorce.

After the judge approves the divorce, they will sign the Final Decree of Divorce (called Judgment of Divorce in Michigan). This document officially ends your marriage and contains all the final orders regarding property division, spousal support, child custody, and child support. Get several certified copies from the court clerk, as you'll need them for various post-divorce tasks.

If child support or spousal support is ordered, Michigan typically requires automatic wage withholding. The Friend of the Court will issue an Income Withholding Order to the paying spouse's employer, who will deduct support payments directly from their paycheck and forward them to the Michigan State Disbursement Unit for distribution to the receiving spouse.

After the divorce is finalized, update your personal records and accounts. This includes changing your name (if applicable) on your driver's license, Social Security card, passport, bank accounts, credit cards, insurance policies, and other important documents. Also update beneficiary designations on life insurance policies, retirement accounts, and estate planning documents.

Execute all property transfers as specified in the divorce decree. This may include refinancing mortgages, transferring vehicle titles, executing quitclaim deeds for real estate, dividing financial accounts, and transferring retirement funds via QDROs. Ensure all transfers are properly documented to avoid future disputes.

If you have children, establish a clear communication system with your ex-spouse for co-parenting matters. Many Michigan parents use co-parenting apps like Our Family Wizard, Talking Parents, or AppClose to document communications, share calendars, track expenses, and coordinate parenting time exchanges. Consistent, business-like communication helps reduce conflict and ensures children's needs are met.