Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Michigan Divorce Law
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Every divorce is unique. Consult a licensed Michigan family law attorney for guidance on your specific situation.
Answer: How Long Does a Divorce Take in Michigan?
A divorce in Michigan takes a minimum of 60 days if there are no minor children and a minimum of 180 days (six months) if there are minor children, as required by MCL 552.9f. In practice, uncontested divorces typically finalize within two to six months, while contested divorces often take eight to twenty-four months or longer depending on case complexity, court scheduling, and the number of disputed issues.
Michigan Is a No-Fault Divorce State
Understanding your divorce timeline in Michigan begins with knowing the legal framework. Michigan is a pure no-fault divorce state. Under MCL 552.6(1), the only legal ground for filing a Complaint 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."
This means neither spouse must prove wrongdoing, such as adultery or abandonment, to obtain a divorce. One spouse simply needs to testify that the marriage has irretrievably broken down. The other spouse cannot prevent the divorce by contesting this claim. If one person wants out, the marriage will end.
However, fault is not entirely irrelevant to the process. A spouse's conduct during the marriage, including affairs, financial misconduct, or domestic violence, can still influence judicial decisions about property division, spousal support, and child custody.
Residency Requirements Before You Can File
Before the divorce duration clock even begins, you must satisfy Michigan's residency requirements under MCL 552.9. These are jurisdictional prerequisites, meaning you cannot file until they are met.
- State residency: At least one spouse (the complainant or defendant) must have resided in the State of Michigan for at least 180 days immediately preceding the filing of the Complaint for Divorce.
- County residency: The spouse filing must also have resided in the county where the complaint is filed for at least 10 days immediately preceding filing.
There is a narrow exception to the 10-day county requirement. Under MCL 552.9(2), the county residency rule may be waived if the defendant was born in or is a citizen of a country other than the United States and the parties have minor children, suggesting a credible risk of international child removal.
Failing to meet the residency requirement can result in your case being dismissed by the court, and you would need to start over once the requirements are fulfilled.
Importantly, Michigan does not require a mandatory separation period before you can file for divorce. You and your spouse may still be living under the same roof on the day you file your complaint.
The Mandatory Waiting Periods Explained
The single most important factor controlling how long does divorce take Michigan couples is the statutory waiting period under MCL 552.9f. Michigan law imposes two different mandatory waiting periods:
60-Day Waiting Period (No Minor Children)
For couples who do not share minor children under the age of 18, no proofs or testimony may be taken until 60 days have elapsed from the date the Complaint for Divorce is filed. This 60-day waiting period applies to all cases without minor children, regardless of whether the divorce is contested or uncontested. Even if both spouses agree on every term on the very first day, they must still wait for this minimum period to expire before a judge can finalize the divorce.
The 60-day period cannot be waived under any circumstances. The Michigan Court of Appeals confirmed in Alexander v. Alexander, 103 Mich App 263 (1981), that the trial court has no authority to shorten the 60-day statutory waiting period.
180-Day Waiting Period (With Minor Children)
When the marriage involves dependent minor children under the age of 18, the waiting period extends to six months (180 days) from the date of filing. This longer period is designed to ensure that parents and the court have sufficient time to determine custody, parenting time, and child support arrangements in the best interests of the children.
Unlike the 60-day minimum, the 180-day period can be shortened. Under MCL 552.9f, "in cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court," a judge may permit testimony after 60 days. However, this requires a written motion with supporting evidence, and the waiting period can never be reduced below 60 days. Judges are often willing to grant a reduction when the parties have reached a full settlement on all issues, including custody and support, and waiting further would serve no constructive purpose. Situations involving domestic violence may also justify an early finalization.
Realistic Divorce Timeline: What to Actually Expect
While the statutory waiting periods set the floor, the actual divorce duration depends on whether the case is uncontested or contested. Here is what most Michigan residents can realistically expect:
Uncontested Divorce Timeline
An uncontested divorce is one where both spouses agree on all major terms, including property and debt division, child custody and support, and spousal support (alimony). When a couple is fully aligned, the process moves efficiently:
- Filing the Complaint for Divorce: Day 1. One spouse (the plaintiff) files the Complaint for Divorce in the Circuit Court (Family Division) for the appropriate county. Filing fees apply (see below).
- Service of process: Days 1 through 21. The other spouse (the defendant) must be formally served with the Summons and Complaint. The defendant has 21 days to respond after personal service within Michigan, or 28 days if served by mail or outside the state.
- Waiting period runs: Days 1 through 60 (or 180 with minor children). During this time, spouses finalize their settlement agreement.
- Final hearing (proofs hearing): After the waiting period expires, the plaintiff appears before the judge and testifies briefly that the marriage has broken down. The defendant is not required to attend.
- Entry of judgment: The judge signs the Judgment of Divorce, and the divorce is final.
Most uncontested Michigan divorces without minor children finalize in approximately two to four months. Uncontested cases with minor children commonly take around six months, unless the 180-day period is shortened by the court.
Michigan also offers a streamlined joint petition process under MCR 3.223 for couples who have reached complete agreement on all issues. This can simplify the paperwork and scheduling.
Contested Divorce Timeline
A contested divorce occurs when spouses disagree on one or more issues. These cases involve additional steps and take considerably longer:
- Filing and service: Same as above.
- Answer and counter-complaint: The defendant files an answer, and possibly a counter-complaint, within the 21- or 28-day deadline.
- Temporary orders: The court may issue temporary orders regarding child custody, support, and use of the marital home during the pendency of the case.
- Discovery: Both parties exchange financial information and documents. This phase can take several months for complex estates.
- Friend of the Court involvement: In cases with minor children, the Friend of the Court (FOC) may investigate and make custody and support recommendations.
- Mediation or alternative dispute resolution: Michigan courts often require mediation before trial, especially in cases involving children. A neutral mediator helps the spouses negotiate.
- Settlement conferences: If mediation does not resolve all issues, the court may schedule judicial settlement conferences.
- Trial: If the parties still cannot reach agreement, a judge hears testimony and evidence and decides all remaining issues.
- Judgment of Divorce: The court enters the final judgment.
The average contested divorce in Michigan takes approximately 8 to 24 months or more, depending on complexity. Some highly contentious cases with custody battles, significant assets, or other complicating factors can extend beyond two years.
Filing Fees and Court Costs
As of February 2025 (the most recent Circuit Court Fee and Assessments table published by the State Court Administrative Office), Michigan divorce filing fees are set by statute under MCL 600.2529:
- Base filing fee for a Complaint for Divorce: $175
- Custody/parenting time fee: $80 (when custody or parenting time is determined or modified)
- State e-filing system fee: $25 (assessed on all new case filings, whether submitted electronically or on paper)
- Support fee: $40 (if the custody/parenting time fee was not paid)
- Judgment fee: $80
The total cost at filing varies by county and by whether the case involves minor children. Cases without minor children may cost approximately $175 to start, while cases with minor children typically cost approximately $255 or more at the time of initial filing.
Additional costs may include motion filing fees, service of process charges, mediation fees, and costs for alternative dispute resolution services.
If you cannot afford the filing fees, you may request a fee waiver using Michigan court form MC 20. If granted, the court waives the base fees, though some pass-through costs may still apply.
As of February 2025. Verify current fees with your local Circuit Court clerk, as amounts may change.
Where to File: Michigan Circuit Courts
All Michigan divorce cases are filed in the Circuit Court (Family Division) for the county that meets the venue requirement under MCL 552.9. Most Michigan courts accept or require electronic filing via MiFILE, the state's official e-filing system, accessible at mifile.courts.michigan.gov.
Self-represented parties may e-file even when not required to do so. You can find court addresses and contact information for each county through the Michigan Courts website.
The Friend of the Court (FOC)
The Friend of the Court is a unique Michigan institution that assists the circuit court in managing cases involving minor children, child support, spousal support, custody, and parenting time. The FOC provides recommendations to the judge, offers mediation services, and helps enforce support orders.
In cases with minor children, the FOC typically becomes involved early and may conduct investigations, make custody and parenting time recommendations, and calculate child support using the Michigan Child Support Formula.
Parties may opt out of FOC services in certain limited circumstances under MCL 552.505.
Property Division in Michigan
Michigan follows the principle of equitable distribution, not community property. The court divides marital property in a manner that is fair and equitable, though not necessarily equal. Under MCL 552.401, the circuit court has the power to award all or a portion of property owned by one spouse to the other.
Factors the court considers include:
- Duration of the marriage
- Each spouse's contributions to the marital estate
- Each spouse's age, health, and earning capacity
- The needs of the parties
- Fault or misconduct during the marriage
- Any other relevant factor
Pension and retirement benefits accrued during the marriage are considered part of the marital estate under MCL 552.18.
Child Custody and Support
When children are involved, the court must determine custody and support based on the best interests of the child. Under MCL 722.23, judges evaluate multiple factors including the emotional ties between parents and children, the mental and physical health of the parents, the child's community and school record, and the ability of each parent to provide a stable environment.
Michigan uses the Income Shares Model to calculate child support, which considers both parents' incomes to determine the support amount reflecting what the child would have received in an intact household.
How to Get the Fastest Divorce in Michigan
If you want to know how long does divorce take Michigan residents at an absolute minimum, the answer is 60 days, but only if you have no minor children, reach full agreement with your spouse on all issues, and can schedule a hearing promptly after the waiting period expires. Here are practical tips to pursue the fastest divorce possible:
- Agree on everything before filing. Work out property division, debt allocation, spousal support, and (if applicable) custody and parenting time before you file. The more you agree on, the faster the process moves.
- Use the joint petition process under MCR 3.223 when you and your spouse agree on all terms.
- Respond promptly to all court filings, discovery requests, and scheduling notices.
- Prepare all required documents in advance: Complaint for Divorce, Summons (MC 01), UCCJEA Affidavit (MC 416) if children are involved, Verified Statement (FOC 23), and the Verified Financial Information Form (CC 320).
- Consider mediation early if disputes arise, rather than waiting for the court to order it.
- Hire an experienced Michigan family law attorney. An attorney can ensure your paperwork is correct the first time, avoid costly procedural errors, and keep the case on track.
Factors That Can Delay Your Divorce
Several factors commonly extend the divorce timeline well beyond the minimum waiting period:
- Contested issues: Disagreements over custody, property, or support require additional hearings, discovery, and potentially trial.
- Complex financial estates: High-value assets, business ownership, real estate portfolios, or disputed valuations require expert analysis and extended discovery.
- Service of process difficulties: If your spouse is difficult to locate or evades service, this can add weeks or months.
- Court scheduling: Each county's calendar differs, and busy courts may not have hearing dates available immediately after the waiting period expires.
- Failure to comply with court orders: If either party fails to provide financial disclosures, attend required hearings, or follow temporary orders, the process stalls.
- Pregnancy: If either spouse is pregnant during the divorce, a judge may delay finalization until after the birth.
Frequently Asked Questions
Q1: What is the minimum time to get a divorce in Michigan?
The absolute minimum is 60 days from the date the Complaint for Divorce is filed, and this applies only to cases without minor children. Under MCL 552.9f, no proofs or testimony may be taken until 60 days have elapsed. For cases involving minor children under 18, the minimum waiting period is 180 days (six months). In practice, even uncontested cases usually take somewhat longer than the bare minimum due to scheduling, service of process, and document preparation.
Q2: Can the 180-day waiting period for cases with children be shortened?
Yes, but only under specific circumstances. MCL 552.9f allows the court to take testimony after 60 days if the parties demonstrate unusual hardship or compelling necessity. This requires a written motion supported by evidence. Judges may grant this request when the parties have reached a complete settlement on all issues and waiting further would serve no purpose, or in cases involving domestic violence. However, the waiting period can never be reduced below 60 days, regardless of the circumstances.
Q3: How much does it cost to file for divorce in Michigan?
The base filing fee for a Complaint for Divorce is $175 under MCL 600.2529. Cases involving minor children typically incur an additional $80 custody/parenting time fee, bringing the initial cost to approximately $255. A $25 e-filing system fee also applies. Additional costs may include service of process fees, motion filing fees, mediation costs, and attorney fees. If you cannot afford the fees, you may request a fee waiver using form MC 20. As of February 2025. Verify with your local Circuit Court clerk.
Q4: What are the residency requirements for filing for divorce in Michigan?
Under MCL 552.9(1), at least one spouse must have resided in Michigan for at least 180 days (approximately six months) immediately before filing the Complaint for Divorce. Additionally, the filing spouse must have resided in the county where the complaint is filed for at least 10 days immediately before filing. There is a narrow exception to the county requirement when the case involves minor children and a foreign-born or foreign-citizen defendant, suggesting a risk of international child abduction.
Q5: What is the difference between a contested and uncontested divorce in Michigan?
An uncontested divorce is one where both spouses agree on all terms, including property division, debt allocation, child custody and support, and spousal support. These cases can often be finalized within two to six months. A contested divorce occurs when spouses disagree on one or more issues and typically involves mediation, settlement conferences, and potentially a trial. Contested divorces in Michigan often take 8 to 24 months or longer, depending on the complexity of the disputes.
Q6: Do I need a lawyer to get divorced in Michigan?
Technically, no. You can represent yourself (known as appearing "pro se"). However, divorce involves complex legal, financial, and parental rights issues. Mistakes can be costly and difficult to correct after a judgment is entered. Most people benefit from at least consulting with an attorney. For simple uncontested divorces, attorney fees may range from approximately $4,000 to $6,000 plus filing costs. Contested divorces with custody disputes or substantial assets can cost $15,000 to $30,000 or more.
Q7: What is the Friend of the Court, and how does it affect my divorce timeline?
The Friend of the Court (FOC) is a division of the circuit court that assists with cases involving minor children. The FOC investigates custody and parenting time disputes, makes recommendations to the judge, offers mediation services, and enforces support orders. FOC involvement can add time to your case because investigations and recommendations take weeks or months. However, the FOC can also help resolve disputes more efficiently than litigation. Parties may opt out of FOC services in certain limited circumstances under MCL 552.505.
Q8: Does Michigan require a separation period before filing?
No. Unlike some states, Michigan does not require spouses to live separately for any period of time before filing for divorce. You can file a Complaint for Divorce while still living in the same household. The only timing requirements are the 180-day state residency requirement and the 10-day county residency requirement, both of which must be met before the complaint is filed.
Q9: Can my spouse prevent the divorce from happening?
No. Because Michigan is a no-fault divorce state under MCL 552.6, one spouse cannot prevent the other from obtaining a divorce. If the plaintiff testifies that the marriage has broken down to the extent that the objects of matrimony have been destroyed, the court will grant the divorce. The defendant can contest the terms (property division, custody, support), which may lengthen the process, but cannot stop the divorce itself.
Q10: How long does divorce take Michigan couples if they have a high-asset estate?
High-asset divorces in Michigan typically take 12 to 24 months or longer. These cases require extensive financial discovery, potential business valuations, real estate appraisals, and analysis of retirement accounts, stock options, and other complex assets. Expert witnesses such as forensic accountants or business valuation specialists may be needed. The more financial complexity involved, the longer the discovery and negotiation phases, which directly extends the overall divorce duration.
Key Michigan Divorce Statutes Reference
- MCL 552.6: Grounds for divorce (no-fault, breakdown of marriage)
- MCL 552.9: Residency requirements (180-day state, 10-day county)
- MCL 552.9f: Mandatory waiting periods (60 days without children, 180 days with children)
- MCL 552.18: Pension and retirement benefits as marital estate
- MCL 552.401: Court authority to divide property
- MCL 552.505: Opting out of Friend of the Court services
- MCL 600.2529: Filing fees
- MCL 722.23: Best interests of the child factors
- MCR 3.210: Divorce hearing requirements
- MCR 3.223: Joint petition process for uncontested divorce
Additional Resources
- Michigan Courts: courts.michigan.gov
- Michigan Legislature (full text of MCL Chapter 552): legislature.mi.gov
- MiFILE e-filing system: mifile.courts.michigan.gov
- Michigan Legal Help (self-help resources): michiganlegalhelp.org
This guide provides general information about how long does divorce take Michigan residents based on current statutes and court rules. Divorce is a complex legal process with significant financial and personal consequences. Always consult with a qualified Michigan family law attorney for advice tailored to your individual situation.