Getting divorced with children in Michigan requires a $255 filing fee, a mandatory 6-month waiting period under MCL 552.9f, and a custody determination based on 12 best-interest factors in the Child Custody Act of 1970. At least one spouse must have lived in Michigan for 180 days and in the filing county for 10 days before filing. This 2026 guide explains every step of divorce with children Michigan parents face, from custody and parenting time to child support calculations.
Michigan is a no-fault divorce state, meaning you do not have to prove wrongdoing. The only 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 remains no reasonable likelihood that the marriage can be preserved." When minor children are involved, the Family Division of the Circuit Court controls custody, parenting time, and support, with the Friend of the Court (FOC) supporting enforcement and investigation.
Key Facts: Divorce With Children in Michigan (2026)
| Factor | Michigan Requirement |
|---|---|
| Filing Fee (with minor children) | $255 (per MCL 600.2529) |
| Filing Fee (no children) | $175 |
| Waiting Period (with children) | 6 months (180 days) minimum |
| Waiting Period (no children) | 60 days |
| State Residency Requirement | 180 days before filing |
| County Residency Requirement | 10 days before filing |
| Grounds for Divorce | No-fault (breakdown of marriage) |
| Property Division Type | Equitable distribution |
| Custody Standard | 12 best-interest factors (MCL 722.23) |
| Court | Family Division, Circuit Court |
Filing fees are accurate as of February 2026. Verify with your local circuit court clerk, as some counties add small local surcharges.
How Much Does It Cost to Divorce With Children in Michigan?
The court filing fee to divorce with minor children in Michigan is $255, compared to $175 for a divorce without children, as established by Mich. Comp. Laws § 600.2529. The $255 fee breaks down into a $150 base civil filing fee, a $25 electronic filing system fee, and an additional $80 surcharge tied to cases involving children. A separate $80 judgment fee applies at the conclusion of your case.
Beyond the initial filing fee, families with children encounter several recurring costs. The Friend of the Court charges a $3.50 monthly service fee under Mich. Comp. Laws § 552.505. Each motion filed during the case costs $20, and service of process ranges from $25 to $75 depending on whether you use the county sheriff, a private process server, or certified mail. Many counties also require a parenting program (commonly called S.M.I.L.E.), which costs between $0 and $25.
If you cannot afford these costs, Michigan courts waive filing fees for households at or below 125% of the federal poverty guidelines under MCR 2.002. For 2026, that threshold is approximately $19,506 for a single person and about $40,000 for a family of four. Submit Fee Waiver Request form MC 20 with your complaint. These figures are current as of February 2026; confirm the exact amount with your county clerk before filing.
What Are the Residency Requirements for Divorce in Michigan?
To file for divorce with children in Michigan, at least one spouse must have lived in the state for 180 days (about six months) immediately before filing, and in the county where the case is filed for at least 10 days, under Mich. Comp. Laws § 552.9. The 180-day state requirement is jurisdictional and absolute, with no exceptions permitted by stipulation or agreement.
The 10-day county requirement carries one narrow exception. Under MCL 552.9(2), a court may waive the county residency rule if all three conditions are met: the defendant was born in or is a citizen of a country other than the United States, the parties have minor children in common, and there is information showing the children are at risk of being taken out of the country and kept there by the defendant. This international child-abduction exception exists to protect children when removal is a documented threat.
Michigan courts interpret the 180-day rule with flexibility on physical presence. Temporary absences from the state, such as work travel or military assignment, do not destroy an established domicile so long as the spouse has no intention of changing residence. However, meeting residency alone does not guarantee Michigan can decide custody. If your spouse was never domiciled in Michigan and has no significant contacts with the state, the court may lack personal jurisdiction over custody, support, and property division for that party.
How Does Michigan Decide Child Custody in a Divorce?
Michigan courts decide child custody by weighing 12 best-interest factors listed in Mich. Comp. Laws § 722.23, the Child Custody Act of 1970. The Michigan Court of Appeals confirmed in Lombardo v. Lombardo that a trial court must consider, evaluate, and state findings on each factor before awarding legal or physical custody. The judge compares both parents under every factor (labeled a through l) and determines which parent prevails on each.
The 12 best-interest factors include: (a) the emotional ties between parent and child; (b) each parent's capacity to give love, guidance, and education; (c) capacity to provide food, clothing, and medical care; (d) the length of time the child has lived in a stable environment; (e) the permanence of the proposed custodial home; (f) the moral fitness of the parties; (g) the mental and physical health of the parties; (h) the child's home, school, and community record; (i) the reasonable preference of the child if the court deems the child old enough; (j) each parent's willingness to facilitate a relationship with the other parent; (k) domestic violence; and (l) any other relevant factor.
Michigan distinguishes between legal custody and physical custody in every divorce with children. Legal custody covers major decisions about education, health care, and religion, while physical custody determines where the child lives. Joint legal custody is common in Michigan because courts favor both parents sharing major decision-making. The custody analysis directly shapes the parenting plan and the parenting time schedule that follow.
What Is Joint Custody and How Is It Awarded?
Under Mich. Comp. Laws § 722.26a, when either parent requests joint custody, the Michigan court must consider the request and state on the record its reasons for granting or denying it. If both parents agree to joint custody, the court must award it unless clear and convincing evidence demonstrates that joint custody would harm the child. This statutory presumption makes shared arrangements the default when parents cooperate.
Michigan law defines joint custody as the child residing alternately with each parent for specified periods, the parents sharing decision-making authority on important matters, or both. In practice, many Michigan families have joint legal custody (shared major decisions) combined with a primary physical custody arrangement or a shared parenting time schedule. The labels matter because they determine how co-parenting decisions are made after the divorce is final.
Joint custody does not eliminate either parent's child support obligation. Under MCL 722.26a, each parent remains responsible for support based on the child's needs and each parent's actual resources. The statute even allows a court to order a parent with sufficient resources to contribute toward housing costs if the other parent could not otherwise maintain adequate housing for the child. Effective co-parenting under a joint custody order depends on a clear, detailed parenting plan that anticipates schedules, holidays, and decision-making procedures.
How Does Parenting Time Work in Michigan?
Parenting time in Michigan is governed by Mich. Comp. Laws § 722.27a, which presumes that a child benefits from a strong relationship with both parents. Courts set a parenting time schedule based on the same best-interest analysis used for custody, with the goal of fostering a meaningful relationship between the child and each parent. The Friend of the Court is statutorily required to enforce parenting time provisions of the court's orders under MCR 3.208(B).
The Friend of the Court (FOC) plays a central role in any divorce with children. The FOC collects, records, and disburses child support payments; investigates and makes recommendations on custody, parenting time, and support; provides mediation for disputes; and enforces court orders. FOC services are free and designed to make the process easier on children and parents. When parents cannot agree, the FOC conducts an investigation that may include interviews with the parents and children and a document review.
Referral practices vary significantly by county. Some circuit courts automatically refer custody and divorce cases to the FOC for a facilitative information-gathering conference or mediation upon filing, while others wait to identify an actual dispute first. Deadlines for filing complaints about denied parenting time also differ by county, so a parent should confirm local FOC procedures. A well-drafted parenting plan that addresses weekday and weekend schedules, holidays, summer breaks, transportation, and communication reduces the likelihood of future enforcement disputes.
Can a Parent Relocate With a Child After Divorce?
Michigan's 100-mile rule under Mich. Comp. Laws § 722.31 prohibits a parent from moving a child more than 100 miles from the child's legal residence at the time the custody action began without the other parent's consent or court approval. Every custody order must also include a provision barring a parent from changing the child's permanent residence out of Michigan without court permission, regardless of distance.
When a parent seeks to relocate beyond 100 miles or out of state, the court evaluates the request using the relocation factors in MCL 722.31(4). These include whether the move improves the quality of life for both child and relocating parent, each parent's compliance with prior parenting time orders, whether a realistic parenting time schedule can preserve the other parent's relationship with the child, and whether the opposing parent's resistance is motivated by a desire to reduce support obligations. The court weighs these factors before deciding whether the move serves the child's interests.
The 100-mile rule does not apply in every situation. It generally does not restrict moves within 100 miles, moves where both parents already live more than 100 miles apart, or situations where the parents share the legal residence at the time of the order. A parent contemplating a move with children after divorce should document the reasons for relocation and seek court approval before moving, since an unauthorized relocation can trigger custody modification and enforcement actions through the Friend of the Court.
How Is Child Support Calculated in Michigan?
Michigan calculates child support using an income shares formula set out in the Michigan Child Support Formula (MCSF) manual, which combines both parents' net incomes and applies the result to the General Care Support Table at MCSF 3.02. The formula has four components: base support, medical expenses, childcare costs, and a parenting-time offset. Net income equals gross income minus federal and state taxes, FICA, mandatory retirement contributions, union dues, and existing support orders.
Michigan uses a continuous overnight formula rather than a fixed threshold, meaning each parent's obligation adjusts based on the exact number of overnights the child spends with each parent. Credits become substantial around 128 overnights (about 35% of the year), and at 182.5 overnights (equal time) the higher-income parent typically pays the difference between each parent's calculated obligation. This responsive structure makes the support amount track real parenting time, which is why an accurate parenting plan matters financially as well as practically.
Three significant formula changes took effect January 1, 2025. Ordinary medical expenses dropped from $454 to $200 per child per year, the eligible age for childcare expenses rose from 12 to 13, and the formula eliminated the previous 10% and 90% apportionment caps. The formula amount is presumptive. A court may deviate only by stating on the record why the formula would be unjust or inappropriate, what the formula amount would have been, and how the order differs. Parents can run estimates through the official MiChildSupport portal at micase.state.mi.us.
What Is the Step-by-Step Divorce Process With Children?
The Michigan divorce process with children begins when one spouse files a Complaint for Divorce in the Family Division of the Circuit Court, pays the $255 filing fee, and serves the other spouse. The mandatory 6-month waiting period under Mich. Comp. Laws § 552.9f starts on the filing date (not the service date) and applies to every case with dependent minor children under 18.
A divorce with children in Michigan generally follows these steps:
- File the Complaint for Divorce and pay the $255 fee in the county where you meet the 10-day residency requirement.
- Serve your spouse, who then has 21 days to respond if served in person in Michigan (28 days if served by mail or outside the state).
- Attend any required Friend of the Court conference or parenting program (S.M.I.L.E.).
- Negotiate or litigate custody, parenting time, child support, and property division, often with FOC investigation and recommendations.
- Complete the 6-month waiting period (or seek a hardship reduction to as few as 60 days).
- Finalize the divorce at a judgment hearing, paying the $80 judgment fee.
The 6-month waiting period can be shortened for cases involving minor children. Under MCL 552.9f, a court may take testimony after 60 days in cases of "unusual hardship or such compelling necessity as shall appeal to the conscience of the court." Documented domestic violence, military deployment, or terminal illness are examples that may qualify. In practice, uncontested divorces with children often finalize in six to nine months, while contested cases can take 12 to 24 months or longer.