How to File for Divorce in Michigan (2026)
Reviewed by DocDraft Legal Team · Michigan · Last updated 2026-05-18
In Michigan, divorce is a creature of the Michigan code, not a one-size national form. Michigan splits property under equitable distribution (a fair, not automatically equal, split) and treats a divorce as available without proving fault. Residency is the gate: The complainant or defendant must have resided in Michigan for 180 days immediately before filing the complaint and in the county of filing for 10 days immediately before filing. This guide lays out the Michigan-specific filing sequence and the statutes, beginning with Mich. Comp. Laws § 552.6, that govern it.
Key Considerations
When a Michigan court divides what a couple owns, it applies the equitable-distribution rule. Equitable distribution: marital property is divided to be fair and equitable (a roughly equal split is the starting point) based on contribution, duration of marriage, needs, and fault; separate property is generally retained by its owner absent commingling or contribution. The controlling authority is Mich. Comp. Laws § 552.19.
Child support uses the state guideline model Michigan Child Support Formula based on both parents' net income, the number of overnights, and child-care and health-care costs, administered by the Michigan State Court Administrative Office Friend of the Court Bureau The guideline lives at Mich. Comp. Laws § 552.605, with the official calculator.
Support after the marriage ends follows a different track: Spousal support is discretionary based on multiple judicial factors (length of marriage, parties' conduct, ability to work, source and amount of property, age, health, needs, prior standard of living); Michigan has no fixed formula. See Mich. Comp. Laws § 552.23.
Need These Documents?
DocDraft can help you draft them with AI, with licensed attorney review included. Plans from $39.99/mo.
Relevant Documents
Michigan filers use the following: Complaint for Divorce filed in the Circuit Court (Family Division) of the county where either spouse resides, on the SCAO-approved Complaint template (Form MC 01a) with the Summons (Form MC 01); Michigan does not publish a single divorce-specific complaint form number, the complaint uses the generic MC 01a caption with the DM or DO case-type code per MCR 1.109. Supplemental forms include FOC 39 (Verified Statement) and FOC 100 (Domestic Relations Judgment Information).
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Michigan Compiled Laws Section 552.6 - No-Fault Divorce
Michigan is a no-fault divorce state, meaning you don't need to prove your spouse did something wrong to get divorced. 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.
Michigan Compiled Laws Section 552.9f - Residency Requirements
To file for divorce in Michigan, either you or your spouse must have lived in the state for at least 180 days (6 months) immediately before filing. Additionally, you must have lived in the county where you file for at least 10 days before filing, unless certain exceptions apply.
Michigan Compiled Laws Section 552.9 - Waiting Period
Michigan has a mandatory waiting period before a divorce can be finalized. For couples without children, there's a 60-day waiting period. For couples with children, there's a 6-month waiting period, although courts can waive part of this period in certain circumstances.
Michigan Compiled Laws Section 552.23 - Spousal Support
Michigan courts may award spousal support (alimony) based on what is just and reasonable. Factors considered include length of marriage, contributions to the marriage, age, health, ability to work, financial needs, and fault in the breakdown of the marriage.
Michigan Child Custody Act - MCL 722.23
When children are involved, Michigan courts determine custody based on the 'best interests of the child' standard, which considers 12 specific factors including the love and emotional ties between parties and the child, capacity to provide for the child's needs, moral fitness, and stability.
Michigan Compiled Laws Section 552.401 - Property Division
Michigan follows equitable distribution principles for dividing marital property. This doesn't necessarily mean a 50/50 split, but rather what the court considers fair based on factors such as length of marriage, contributions, economic circumstances, and behavior during marriage.
Michigan Friend of the Court Act - MCL 552.505
The Friend of the Court office assists the court in divorce cases involving children by investigating, making recommendations, and helping enforce orders regarding custody, parenting time, and child support.
Regional Variances
Major Metropolitan Areas
Wayne County has specific local court rules for divorce cases. The 3rd Circuit Court (Family Division) in Detroit typically has longer processing times due to higher case volumes. They offer a specialized Pro Se Office to assist self-represented litigants with paperwork. Wayne County also has mandatory SMILE program attendance for divorcing parents with minor children.
Oakland County has a reputation for more complex financial discovery requirements in divorce cases. The county requires detailed financial disclosures and often enforces stricter deadlines. They also have a specialized Family Counseling Service that provides custody and parenting time evaluations that may be more comprehensive than in rural counties.
Kent County's 17th Circuit Court has its own specific local procedures for divorce filings. They utilize a Friend of the Court office that takes a particularly active role in custody and support recommendations. Kent County also offers specialized mediation services through their Dispute Resolution Center.
Northern Michigan Counties
In the Upper Peninsula, Marquette County courts may have less frequent court dates due to the rural nature of the jurisdiction. Divorce proceedings might take longer, especially during winter months when travel can be difficult. The court may be more flexible with telephonic or video appearances for status conferences.
Grand Traverse County has specific procedures for handling seasonal residents who may only be in the area part of the year. The court may accommodate scheduling around seasonal residency patterns. They also have specialized procedures for divorces involving significant vacation property holdings, which are common in this resort area.
Mid-Michigan Areas
As the state capital, Ingham County divorce cases may involve specialized considerations for state employees, particularly regarding state pensions and benefits. The court has specific procedures for handling these assets. Ingham County also has a specialized docket for high-conflict divorce cases with enhanced case management.
Washtenaw County courts are known for emphasizing alternative dispute resolution in divorce cases. They have a robust mediation program and may require multiple mediation attempts before trial dates are set. The county also has specialized procedures for divorces involving university employees with unique benefit packages.
Suggested Compliance Checklist
Check that the residency rule is met
Before filing days after startingThe complainant or defendant must have resided in Michigan for 180 days immediately before filing the complaint and in the county of filing for 10 days immediately before filing. See Mich. Comp. Laws § 552.9.
State the grounds
Before filing days after startingNo-fault only: the sole ground is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved (Mich. Comp. Laws § 552.6).
Start the action: file the petition with the court
At filing days after startingComplaint for Divorce filed in the Circuit Court (Family Division) of the county where either spouse resides, on the SCAO-approved Complaint template (Form MC 01a) with the Summons (Form MC 01); Michigan does not publish a single divorce-specific complaint form number, the complaint uses the generic MC 01a caption with the DM or DO case-type code per MCR 1.109. Supplemental forms include FOC 39 (Verified Statement) and FOC 100 (Domestic Relations Judgment Information). Expect a filing fee of approximately $175 without minor children and $255 with minor children. A fee waiver is available: Fee Waiver Request (form MC 20) for filers who receive public assistance or are unable to pay.
Plan for the mandatory timing rule
After filing days after startingA statutory waiting period of 60 days from filing for cases without minor children, and 6 months for cases with minor children (the 6-month period may be shortened to 60 days for good cause) Set by Mich. Comp. Laws § 552.9f.
Serve the spouse and complete financial disclosure
After filing days after startingThe responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds.
Close out the case
Final step days after startingWith the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check that the residency rule is met | The complainant or defendant must have resided in Michigan for 180 days immediately before filing the complaint and in the county of filing for 10 days immediately before filing. See Mich. Comp. Laws § 552.9. | - | Before filing |
| State the grounds | No-fault only: the sole ground is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved (Mich. Comp. Laws § 552.6). | - | Before filing |
| Start the action: file the petition with the court | Complaint for Divorce filed in the Circuit Court (Family Division) of the county where either spouse resides, on the SCAO-approved Complaint template (Form MC 01a) with the Summons (Form MC 01); Michigan does not publish a single divorce-specific complaint form number, the complaint uses the generic MC 01a caption with the DM or DO case-type code per MCR 1.109. Supplemental forms include FOC 39 (Verified Statement) and FOC 100 (Domestic Relations Judgment Information). Expect a filing fee of approximately $175 without minor children and $255 with minor children. A fee waiver is available: Fee Waiver Request (form MC 20) for filers who receive public assistance or are unable to pay. | divorce-petition | At filing |
| Plan for the mandatory timing rule | A statutory waiting period of 60 days from filing for cases without minor children, and 6 months for cases with minor children (the 6-month period may be shortened to 60 days for good cause) Set by Mich. Comp. Laws § 552.9f. | - | After filing |
| Serve the spouse and complete financial disclosure | The responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds. | - | After filing |
| Close out the case | With the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage. | - | Final step |
Frequently Asked Questions
The complainant or defendant must have resided in Michigan for 180 days immediately before filing the complaint and in the county of filing for 10 days immediately before filing. This is set by Mich. Comp. Laws § 552.9.
No-fault only: the sole ground is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved. The governing statute is Mich. Comp. Laws § 552.6.
Michigan uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: marital property is divided to be fair and equitable (a roughly equal split is the starting point) based on contribution, duration of marriage, needs, and fault; separate property is generally retained by its owner absent commingling or contribution. See Mich. Comp. Laws § 552.19.
approximately $175 without minor children and $255 with minor children. Fee Waiver Request (form MC 20) for filers who receive public assistance or are unable to pay
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.