Michigan does not recognize common law marriages formed within its borders since January 1, 1957. However, under the Full Faith and Credit Clause of the U.S. Constitution, Michigan courts must recognize valid common law marriages established in other states that still permit such unions, including Colorado, Texas, Iowa, Kansas, Montana, South Carolina, Utah, Rhode Island, and Washington D.C. If you entered a valid common law marriage in one of these jurisdictions and now reside in Michigan, you must file for a formal divorce through Michigan circuit court to legally dissolve your marriage—the same $175-$255 filing fees and 60-180 day waiting periods apply.
Key Facts: Common Law Marriage Divorce in Michigan
| Category | Details |
|---|---|
| Common Law Marriage Status | Abolished January 1, 1957 under Michigan law |
| Out-of-State Recognition | Yes—Full Faith and Credit Clause applies |
| Filing Fee (No Children) | $175 ($150 base + $25 e-filing fee) |
| Filing Fee (With Children) | $255 ($175 base + $80 Friend of Court fee) |
| Waiting Period (No Children) | 60 days minimum under MCL § 552.9f |
| Waiting Period (With Children) | 180 days (6 months), reducible to 60 days for hardship |
| Residency Requirement | 180 days state + 10 days county under MCL § 552.9 |
| Grounds for Divorce | No-fault only—irretrievable breakdown under MCL § 552.6 |
| Property Division | Equitable distribution under MCL § 552.19 |
Does Michigan Recognize Common Law Marriage?
Michigan abolished the ability to form new common law marriages on January 1, 1957, making it one of 41 states that no longer permit such unions to be created within state borders. Under current Michigan law, no amount of cohabitation, shared finances, or public representation as a married couple can create a legally recognized marriage without obtaining a marriage license and having the marriage solemnized by an authorized officiant. A couple living together in Michigan for 30 years without a marriage license has zero automatic spousal rights under Michigan family law.
The abolition of common law marriage in Michigan means that couples who believed they had an informal marriage based solely on their Michigan relationship have no marital rights. These couples cannot file for divorce, claim spousal support, or assert automatic property division rights that married couples receive. Instead, they must pursue remedies through contract law, partition actions, or unjust enrichment claims—all of which require substantially more evidence and offer fewer protections than divorce proceedings provide.
When Michigan Courts Must Recognize Your Common Law Marriage
Michigan courts will recognize your common law marriage and allow you to file for divorce in Michigan under two specific circumstances. First, if you established a common law marriage before January 1, 1957, while residing in Michigan, your marriage remains valid and legally recognized. Second, and far more commonly in 2026, if you formed a valid common law marriage while residing in a state that recognizes such unions, Michigan must honor that marriage under the Full Faith and Credit Clause of the U.S. Constitution.
The states that currently recognize and allow formation of common law marriages in 2026 include Colorado, Texas, Iowa, Kansas, Montana, South Carolina, Utah, and the District of Columbia. Rhode Island recognizes common law marriages through case law rather than statute. New Hampshire recognizes common law marriage only for inheritance purposes after death. Oklahoma presents a complex situation where courts continue to recognize common law marriages despite statutory ambiguity.
Common Law Marriage Requirements by State
| State | Key Requirements | Special Notes |
|---|---|---|
| Colorado | Mutual consent, cohabitation, reputation as married | 2021 Supreme Court updated requirements |
| Texas | Agreement to marry, cohabitation, holding out as married | Can file Declaration of Informal Marriage |
| Iowa | Present intent to marry, public declaration, continuous cohabitation, legal capacity | No time limit requirement |
| Kansas | Capacity, present agreement to marry, holding out as married | Must be 18+ years old |
| Montana | Competence, mutual consent, cohabitation, public repute | Proven by preponderance of evidence |
| South Carolina | Intent to be married, cohabitation, holding out | No registration available |
| Utah | Legal age, legally capable, cohabitation, assume marital rights | Court or administrative validation available |
How to File for Divorce in Michigan After Common Law Marriage
Filing for divorce in Michigan when your common law marriage was formed in another state requires first establishing that a valid marriage existed, then proceeding through standard Michigan divorce procedures. The filing fee totals $175 for divorces without minor children ($150 base filing fee under MCL § 600.2529(1)(a) plus $25 electronic filing system fee under MCL § 600.1986(1)(a)). Divorces involving dependent children under age 18 cost $255 due to an additional $80 Friend of the Court fee.
Step 1: Gather Evidence of Your Common Law Marriage
Before filing, compile documentation proving your common law marriage was validly formed in the recognizing state. Courts require clear and convincing evidence—a standard lower than criminal cases but higher than ordinary civil matters. Effective evidence includes joint tax returns filed as married, joint bank account statements, property deeds showing both names with survivorship rights, life insurance beneficiary designations, affidavits from family and friends attesting to your married status, birth certificates listing both parties as parents, and any written agreements acknowledging the marriage.
Step 2: Meet Michigan Residency Requirements
Under MCL § 552.9, at least one spouse must have resided in Michigan for 180 days immediately preceding the filing and resided in the filing county for at least 10 days immediately preceding filing. If the divorce-causing events occurred outside Michigan, the residency requirement extends to one full year. Only one spouse needs to meet these requirements—you can file even if your spouse lives in another state or country.
Step 3: File Your Complaint for Divorce
File your Complaint for Divorce with the circuit court in your county of residence. Michigan uses a no-fault divorce system under MCL § 552.6, requiring only the 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. Include a statement that your common law marriage was validly established in the specific recognizing state.
Step 4: Serve Your Spouse
Serve divorce papers on your spouse through personal service by a county sheriff ($25-$40), private process server ($50-$75), or certified mail with return receipt ($25). If your spouse cannot be located after diligent search, you may petition for service by publication, which adds approximately 4-6 weeks and $200-$400 in publication costs.
Step 5: Wait Out the Mandatory Period
Michigan imposes a 60-day waiting period for divorces without minor children and a 180-day waiting period for divorces involving children under 18 under MCL § 552.9f. This period begins when you file the complaint, not when you serve your spouse. For cases with children, courts may reduce the 180-day period to 60 days upon showing unusual hardship or compelling necessity—examples include terminal illness, urgent relocation for medical needs, or imminent foreclosure requiring property sale.
Proving Your Common Law Marriage in Michigan Court
When you file for divorce based on a common law marriage formed elsewhere, Michigan courts may require you to prove the marriage existed before proceeding with divorce proceedings. The burden of proof rests on the party asserting the marriage, typically the person filing for divorce. You must prove the marriage by clear and convincing evidence, demonstrating you met all requirements of the state where you claim the marriage was formed.
Michigan courts examine whether you satisfied the elements required by the originating state at the time you claim the marriage was formed. For a Texas common law marriage, this means proving you and your spouse agreed to be married, lived together in Texas, and represented to others that you were married—all while both being at least 18 years old. For a Colorado common law marriage, you must show mutual consent, cohabitation, and community reputation as married persons.
Evidence Categories Courts Accept
Documentary evidence carries significant weight in proving common law marriage. Joint tax returns where you filed as married filing jointly or married filing separately provide strong evidence of marital intent. Joint bank accounts, mortgages, and vehicle titles demonstrate financial interdependence. Insurance policies naming your partner as spouse rather than domestic partner suggest marital status. Birth certificates listing both partners as parents establish family formation.
Testimonial evidence supplements documentary proof. Your own testimony under oath about the formation and conduct of your marriage establishes the foundational facts. Testimony from friends, family members, neighbors, and colleagues who observed you living as a married couple corroborates your claims. Affidavits from these witnesses can be submitted if they cannot appear in person, though live testimony generally carries more weight.
Circumstantial evidence demonstrates how you held yourselves out to the community. Using the same last name, wearing wedding rings, referring to each other as husband and wife, and celebrating anniversaries all support the existence of a common law marriage. Social media posts, holiday cards signed as a family, and professional profiles listing marital status provide additional corroboration.
Property Division in Michigan Common Law Divorce
Michigan divides marital property using equitable distribution under MCL § 552.19, meaning the court divides assets fairly but not necessarily equally. For common law marriages recognized in Michigan, property division follows the same rules as ceremonially married couples. The court first determines what property is marital versus separate, values all marital assets and debts, then divides them equitably based on the Sparks factors established by the Michigan Supreme Court in Sparks v. Sparks (440 Mich. 141, 1992).
Marital property includes all assets acquired during the marriage regardless of whose name appears on the title—homes, vehicles, bank accounts, retirement plans, business interests, and investment accounts. Separate property generally includes assets owned before the marriage, gifts received by one spouse, and inheritances, though commingling separate property with marital funds can convert it to marital property subject to division.
The Sparks Factors for Property Division
Michigan courts consider nine factors when dividing marital property: (1) duration of the marriage, (2) contributions of each party to the marital estate, (3) age of the parties, (4) health of the parties, (5) life status of the parties, (6) necessities and circumstances of each party, (7) earning abilities of each party, (8) past relations and conduct of the parties, and (9) general principles of equity. For common law marriages, the marriage duration runs from the date the common law marriage was established in the recognizing state, which may require court determination if disputed.
Under MCL § 552.401, courts can award one spouse a portion of property owned solely by the other spouse if that spouse contributed to its acquisition, improvement, or accumulation. Under MCL § 552.23, courts can invade separate property if marital assets are insufficient for suitable support of either spouse.
Spousal Support in Michigan Common Law Divorce
Michigan courts award spousal support (alimony) in common law divorces using the same standards applied to ceremonial marriages. The court considers factors including the parties' past relations and conduct, length of the marriage, abilities of the parties to work, source and amount of property awarded, ages of the parties, abilities of the parties to pay, present situation of the parties, needs of the parties, health of the parties, prior standard of living, and whether either party is responsible for the support of others.
Spousal support awards in Michigan divorces range significantly based on circumstances. Temporary support during divorce proceedings averages $500-$2,500 monthly depending on income disparity. Post-divorce support may be rehabilitative (limited duration to allow self-sufficiency, typically 2-5 years) or permanent (until death, remarriage, or cohabitation, typically in long marriages exceeding 15-20 years). Michigan courts have broad discretion in setting support amounts and durations.
Child Custody and Support in Common Law Divorce
Child custody and support proceedings in Michigan common law divorces follow identical rules to ceremonial marriage divorces under the Child Custody Act (MCL § 722.21-722.31). Courts determine custody based on the best interests of the child, considering 12 statutory factors including emotional ties, capacity to provide love and guidance, and the child's preference if of sufficient age.
Michigan uses income shares guidelines to calculate child support, considering both parents' incomes, number of children, healthcare costs, childcare expenses, and parenting time. The Friend of the Court in each county calculates support using the Michigan Child Support Formula. For a non-custodial parent earning $60,000 annually with one child and standard parenting time, monthly support typically ranges from $800-$1,200.
What If Your Common Law Marriage Cannot Be Proven?
If Michigan courts determine your common law marriage was not validly formed in the recognizing state, you cannot proceed with divorce because there is no marriage to dissolve. This leaves unmarried cohabitants with limited legal remedies for property disputes and no rights to spousal support. Understanding these alternatives is essential for couples whose common law marriage claims may be challenged.
Without a valid marriage, property division follows ownership principles rather than equitable distribution. Property titled in one person's name belongs to that person. Jointly titled property must be divided through partition actions or buyout agreements. Bank accounts follow account holder designations. Retirement accounts belong to the account holder unless a valid beneficiary designation or contract provides otherwise.
Cohabitation agreements provide the strongest protection for unmarried couples in Michigan. These written contracts, enforceable since Michigan repealed its criminal cohabitation statute in 2023 (Public Act 78 of 2023), can specify property rights, support obligations, and separation procedures. Courts treat cohabitation agreements as contracts independent of the relationship, requiring them to meet standard contract requirements—offer, acceptance, consideration, and legal capacity.
Unmarried partners may pursue unjust enrichment claims when one partner significantly contributed to the other's property or finances without adequate compensation. Palimony claims (contractual support between unmarried partners) may succeed if based on express written or oral agreements, though oral agreements face significant proof challenges. Constructive trust claims can recover property when one partner holds title but the other contributed to acquisition.
Costs of Common Law Divorce in Michigan
The total cost of divorcing a common law marriage in Michigan ranges from $1,700 for simple uncontested cases to $30,000 or more for contested divorces requiring trial. Filing fees represent the minimum mandatory cost: $175 without children or $255 with children. Attorney fees typically comprise the largest expense, with Michigan divorce attorneys charging $200-$450 per hour and median rates around $330 per hour as of March 2026.
Uncontested common law divorces where both parties agree on all issues typically cost $1,700-$3,500 total, including filing fees, service costs, and limited attorney assistance for document preparation and court appearances. Mediated divorces average $5,000-$10,000 when couples need professional help reaching agreement but avoid litigation. Contested divorces requiring court hearings and trial range from $15,000-$50,000, with high-conflict cases involving custody disputes, complex assets, or common law marriage validity challenges exceeding $100,000.
Fee Waiver Availability
Michigan courts waive filing fees for individuals whose household income falls at or below 125% of federal poverty guidelines. For 2026, this threshold equals approximately $19,506 for single-person households or $40,000 for families of four. To request a fee waiver, file Form MC 20 (Fee Waiver Request) with your Complaint for Divorce, attaching documentation of income, assets, and expenses. Approval rates vary by county but generally exceed 80% for qualifying applicants.
Timeline for Michigan Common Law Divorce
The minimum timeline for a Michigan common law divorce is 60 days for cases without minor children and 180 days for cases with children under 18, measured from the filing date. These are absolute minimums—actual case resolution depends on agreement between parties, court scheduling, and case complexity. Proving a common law marriage adds time if the other spouse contests the marriage's validity.
| Divorce Type | Minimum Timeline | Typical Timeline | Complex Cases |
|---|---|---|---|
| Uncontested, No Children | 60 days | 60-90 days | 90-120 days |
| Uncontested, With Children | 180 days | 180-240 days | 240-365 days |
| Contested, No Children | 60 days | 6-12 months | 12-24 months |
| Contested, With Children | 180 days | 9-18 months | 18-36 months |
| Marriage Validity Disputed | Varies | 12-24 months | 24-48 months |
Contested common law divorces where the marriage itself is disputed can take 2-4 years due to the additional evidentiary hearing required to establish marital status before addressing divorce issues. This hearing may require testimony from witnesses in another state, expert testimony on that state's common law marriage requirements, and extensive documentary evidence compilation.