Is Michigan a no-fault divorce state?

Yes, Michigan is strictly a no-fault divorce state. Under MCL §552.6(1), the only ground for divorce is that the marriage has broken down to the point where the objects of matrimony have been destroyed and there is no reasonable likelihood of reconciliation. Neither spouse needs to prove fault or wrongdoing.

How long do you have to live in Michigan before filing for divorce?

You must have been a resident of Michigan for at least 180 days (six months) and a resident of the county where you file for at least 10 days before submitting your divorce complaint. Both requirements must be met before the court will accept your filing.

How long does a divorce take in Michigan?

At minimum, a divorce without minor children takes 60 days from the filing date, and a divorce involving minor children takes at least 180 days (six months). Contested cases with complex issues can take considerably longer, sometimes exceeding one year.

How is property divided in a Michigan divorce?

Michigan follows the equitable distribution model, meaning marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's contributions and earning capacity, and the needs of each party when determining a fair division.

How much does it cost to file for divorce in Michigan?

The filing fee for a Michigan divorce ranges from approximately $175 to $255, depending on the county. Additional costs may include attorney fees, mediation expenses, and process server fees. Fee waivers may be available for those who qualify based on financial hardship.

How is child custody determined in Michigan?

Michigan courts determine child custody based on the best interests of the child, evaluating factors outlined in MCL §722.23. These include each parent's ability to provide a stable environment, the emotional bond between parent and child, and each parent's willingness to support the child's relationship with the other parent.

Can the 6-month waiting period be waived in Michigan?

The court has discretion to shorten the six-month waiting period in cases involving minor children if there is evidence of unusual hardship or compelling necessity. However, such waivers are not routine and require a formal request to the judge with supporting justification.

Is spousal support guaranteed in a Michigan divorce?

No, spousal support is not automatically awarded in Michigan. The court considers several factors including the length of the marriage, each spouse's financial situation and earning capacity, and the standard of living during the marriage. The judge has broad discretion in deciding whether to award support and in what amount.

Divorce in Michigan: A Complete Guide

Introduction

Filing for divorce is one of the most significant legal decisions you will ever make. Whether you are just beginning to consider ending your marriage or have already made the difficult choice to move forward, understanding Michigan's divorce laws is essential to protecting your rights, your finances, and—if you have children—your family's well-being.

This guide provides a comprehensive overview of the divorce process in Michigan, including the legal grounds for divorce, residency requirements, how property is divided, child custody considerations, spousal support, filing procedures, and what you can expect in terms of timelines and costs. While this guide is designed to be informative, it is not a substitute for personalized legal advice from a qualified Michigan family law attorney.

Grounds for Divorce in Michigan

Michigan is strictly a no-fault divorce state. This means that neither spouse is required to prove wrongdoing—such as adultery, abuse, or abandonment—in order to obtain a divorce. Under MCL §552.6(1), the sole ground for divorce is 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."

In practical terms, this means that one spouse simply needs to testify before the court that the marriage has irretrievably broken down. The other spouse does not need to agree. Michigan courts will not assign blame or fault as a prerequisite to granting the divorce, which generally simplifies the initial filing process.

What Does No-Fault Mean in Practice?

While fault is not required to obtain a divorce, certain behaviors during the marriage—such as domestic violence, substance abuse, or financial misconduct—can still be relevant in other aspects of the case. Michigan judges may consider fault-related conduct when making decisions about property division, spousal support, or child custody, even though it is not a ground for the divorce itself.

Residency Requirements

Before you can file for divorce in Michigan, you must satisfy specific residency requirements established under MCL §552.9(1). Michigan law requires that:

At least one spouse must have been a resident of the State of Michigan for a minimum of 180 days (six months) prior to filing the divorce complaint.
At least one spouse must have been a resident of the county where the divorce is filed for a minimum of 10 days prior to filing.

These requirements ensure that Michigan courts have proper jurisdiction over your divorce case. If you recently moved to Michigan or relocated to a new county, you may need to wait before filing. It is important to verify that you meet both the state and county residency thresholds before submitting your paperwork.

Military Personnel

Michigan residency requirements can apply to military service members stationed in the state. If you or your spouse is an active-duty service member who has been stationed in Michigan for the requisite period, you may be able to establish residency for divorce purposes. Consulting an attorney familiar with military divorce issues is advisable.

Property Division

Michigan is an equitable distribution state, meaning that marital property is divided fairly between the spouses, though not necessarily equally. The court examines a variety of factors to determine what constitutes a just and equitable division.

Marital Property vs. Separate Property

Generally, marital property includes all assets and debts acquired by either spouse during the marriage. Separate property typically includes assets owned before the marriage, inheritances received by one spouse individually, and gifts specifically given to one spouse. However, separate property can become marital property if it is commingled with marital assets—for example, depositing an inheritance into a joint bank account.

Factors the Court Considers

Michigan courts weigh numerous factors when dividing property, including but not limited to:

The duration of the marriage
The needs and circumstances of each spouse
Each spouse's earning ability and income
Each spouse's contribution to the marital estate (including homemaking)
The cause of the divorce, if fault is relevant
Each spouse's age and health
Prior family obligations (such as support from a previous marriage)
Whether either spouse engaged in waste or dissipation of marital assets
Any other factor the court deems relevant to equity

The goal of equitable distribution is fairness, not mathematical equality. In some cases, a 50/50 split may be appropriate; in others, a significantly different allocation may be warranted depending on the circumstances.

Retirement Accounts and Pensions

Retirement accounts, pensions, and 401(k) plans earned during the marriage are generally considered marital property and subject to division. A Qualified Domestic Relations Order (QDRO) may be necessary to divide certain retirement accounts without incurring tax penalties.

Child Custody and Parenting Time

When minor children are involved, Michigan courts make custody and parenting time decisions based on the best interests of the child standard, as outlined in MCL §722.23.

Types of Custody

Michigan recognizes two forms of custody:

Legal custody: The right to make important decisions regarding the child's upbringing, including education, healthcare, and religious instruction. Legal custody can be sole (one parent decides) or joint (both parents share decision-making authority).
Physical custody: Determines where the child lives on a day-to-day basis. Physical custody can also be sole or joint.

Best Interests Factors

Michigan courts evaluate the following factors when determining custody:

The love, affection, and emotional ties between each parent and the child
Each parent's capacity and willingness to provide love, affection, and guidance
Each parent's ability to provide food, clothing, medical care, and other material needs
The length of time the child has lived in a stable environment
The moral fitness of each parent
The mental and physical health of each parent
The child's home, school, and community record
The reasonable preference of the child, if the court deems the child old enough to express a preference
The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent
Domestic violence, if applicable
Any other factor the court considers relevant

Parenting Time

The noncustodial parent is generally entitled to reasonable parenting time. Courts encourage both parents to remain actively involved in their children's lives unless doing so would endanger the child's physical, mental, or emotional health.

Spousal Support (Alimony)

Michigan courts have the discretion to award spousal support (also called alimony) to either spouse, depending on the circumstances. There is no set formula for calculating spousal support in Michigan. Instead, the court considers several factors, including:

The length of the marriage
Each spouse's financial needs and ability to pay
Each spouse's age, health, and earning capacity
The standard of living established during the marriage
Each spouse's contributions to the marriage (including homemaking and career sacrifices)
The property division awarded in the divorce
Fault or misconduct during the marriage

Types of Spousal Support

Michigan courts may award:

Temporary support: Paid during the divorce proceedings to maintain the status quo.
Periodic support: Ongoing payments for a set period or indefinitely, depending on the circumstances.
Lump-sum support: A one-time payment in lieu of periodic support.

Spousal support can be modified if there is a significant change in circumstances, unless the divorce judgment specifies that the support is non-modifiable.

Filing Process

Filing for divorce in Michigan involves several key steps:

Step 1: Prepare and File the Complaint

The divorce process begins when one spouse (the plaintiff) files a Complaint for Divorce with the circuit court in the county where either spouse resides. The complaint outlines the basic facts of the marriage and the relief being sought.

Step 2: Serve the Other Spouse

After filing, the complaint and a summons must be formally served on the other spouse (the defendant). Service can be completed by a process server, sheriff, or another authorized individual. The defendant typically has 21 days to file a response (or 28 days if served by mail or outside of Michigan).

Step 3: Mandatory Waiting Period

Michigan law imposes a mandatory waiting period before a divorce can be finalized:

60 days if there are no minor children of the marriage
6 months (180 days) if there are minor children of the marriage

The court may shorten the six-month waiting period in cases involving unusual hardship or compelling necessity, but this is granted at the judge's discretion.

Step 4: Discovery and Negotiation

During the waiting period, both spouses exchange financial information and relevant documents through a process called discovery. Many couples negotiate a settlement through direct negotiation, mediation, or collaborative divorce processes.

Step 5: Settlement or Trial

If the spouses reach an agreement on all issues—property division, custody, support—they can submit a consent judgment of divorce to the court for approval. If disputes remain unresolved, the case proceeds to trial, where a judge will make final decisions.

Step 6: Judgment of Divorce

Once all issues are resolved and the mandatory waiting period has elapsed, the court enters a Judgment of Divorce, officially ending the marriage.

Timeline and Costs

Timeline

The minimum timeline for a Michigan divorce is determined by the mandatory waiting period:

Without minor children: A minimum of 60 days from the date of filing
With minor children: A minimum of 180 days (6 months) from the date of filing

Contested divorces involving complex property issues, custody disputes, or other disagreements can take significantly longer—sometimes a year or more.

Costs

Filing fee: Approximately $175–$255, depending on the county (as of February 2026; verify with your local county clerk's office, as fees are subject to change).
Attorney fees: Vary widely based on the complexity of the case, the attorney's experience, and the degree of conflict between spouses. Uncontested divorces may cost a few thousand dollars, while highly contested cases can cost tens of thousands.
Additional costs: Mediation fees, process server fees, costs of financial experts or custody evaluators, and court-ordered parenting classes can add to the overall expense.

Some counties offer fee waivers for individuals who demonstrate financial hardship.

Legal Disclaimer

This guide is intended for informational purposes only and does not constitute legal advice. Divorce laws and procedures can change, and individual circumstances vary significantly. The information provided here is based on Michigan law as of early 2026 and may not reflect the most current legal developments. You should consult with a qualified Michigan family law attorney to discuss your specific situation and receive personalized legal guidance. No attorney-client relationship is created by reading this guide.