Divorce Checklist for Michigan

Under MCL 552.9, Michigan requires that either you or your spouse has resided in the state for at least 180 consecutive days immediately before filing a Complaint for Divorce. Additionally, the filing spouse must have lived in the county where the case will be filed for at least 10 consecutive days before filing. An exception to the 10-day county requirement exists under MCL 552.9 when the defendant was born in or is a citizen of another country and the parties have minor children — in that case, you may file in any Michigan county. If your spouse lives outside Michigan and you have not lived together in the state, MCL 552.9f requires that you demonstrate one full year of good-faith Michigan residency. Gather documents proving your address — a Michigan driver's license, voter registration card, lease agreement, or utility bills in your name will establish residency. Verify residency carefully because a judgment entered without proper residency is voidable.

Michigan Circuit Court filing fees are $175 for divorce without minor children and $255 for divorce with minor children, as set by MCL 600.2529. An additional $25 e-filing fee applies to all new case filings whether submitted electronically or on paper. The $255 fee with children includes an $80 custody and parenting-time fee and a $40 support fee collected by the Friend of the Court. If you cannot afford these fees, you may request a fee waiver by filing Form MC 20 (Fee Waiver Request), available at courts.michigan.gov. Eligibility for a fee waiver is generally based on household income at or below 125 percent of the federal poverty guidelines. You must provide documentation of your income, public assistance benefits, or financial hardship. The court reviews your MC 20 form and either grants the waiver, denies it, or requires partial payment. Filing without paying the fee or obtaining a waiver will result in rejection of your paperwork.

Before filing, assemble all documents you will need for the divorce proceeding, including your certified marriage certificate, birth certificates for any minor children, and personal identification. Under MCR 3.206(C), you will be required to exchange a Domestic Relations Verified Financial Information Form (CC 320) within 28 days after the defendant's responsive pleading. Form CC 320 requires attachment of your four most recent paycheck stubs or an employer statement of wages and deductions with year-to-date earnings, plus your last federal and state income tax returns with all schedules. Start organizing bank statements, retirement account statements, real estate deeds, vehicle titles, credit card statements, and loan documents now. Having these records ready before filing prevents delays and ensures compliance with Michigan's mandatory financial disclosure timeline. Make copies of all documents and store originals securely, as you will need them throughout the proceeding.

If you are experiencing domestic violence, sexual assault, or stalking, take steps to protect yourself and your children before filing. Michigan law provides important protections: under MCR 3.206(C)(4), a domestic violence victim completing the CC 320 financial disclosure form may omit any information that could reveal the victim's home or work address or the location of minor children. You may also request an ex parte Personal Protection Order (PPO) under MCL 600.2950 without advance notice to the abuser — the court can issue a PPO immediately if you demonstrate immediate and irreparable injury. Contact the Michigan Coalition to End Domestic and Sexual Violence at 855-VOICES4 (855-864-2374) or visit mcedsv.org for safety planning assistance. Their shelter finder at mcedsv.org/help/find-help-in-michigan/ connects you with local shelters statewide. The National Domestic Violence Hotline at 1-800-799-7233 provides 24/7 confidential support in over 200 languages.

While Michigan allows self-represented divorce filing, consulting a family law attorney before filing helps you understand your rights regarding property division under MCL 552.19 (equitable distribution), spousal support under MCL 552.23, and child custody under MCL 722.23 (the best interest factors). An attorney can advise whether to request temporary orders for support or custody at the time of filing under MCR 3.207, which can protect your financial position and parenting time during the divorce process. The State Bar of Michigan Lawyer Referral Service at lrs.michbar.org provides referrals to qualified family law attorneys in your area. If you cannot afford an attorney, Michigan Legal Help at michiganlegalhelp.org offers free do-it-yourself divorce tools that generate court-ready forms. Many Circuit Courts also have Legal Self-Help Centers providing procedural guidance without legal advice. Understanding Michigan's equitable distribution and Friend of the Court system before filing helps you make informed decisions.

Prepare your Complaint for Divorce, which must state the statutory no-fault ground under MCL 552.6 — 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.' The complaint must also include residency allegations under MCL 552.9. You will need several additional SCAO-approved forms: the Summons (Form MC 01) for service on your spouse, the Case Inventory Addendum (Form MC 21) listing any prior Circuit Court cases, and the UCCJEA Affidavit (Form MC 416) if custody or parenting time will be determined. If you have minor children or are requesting support, you must also prepare the Verified Statement (Form FOC 23) under MCR 3.206(C), which collects personal identifying information, employment, and income details for the Friend of the Court. Michigan Legal Help at michiganlegalhelp.org provides free interactive tools to generate these forms.

File your Complaint for Divorce and all accompanying forms with the Circuit Court (Family Division) in the county where you or your spouse meets the 10-day residency requirement under MCL 552.9. You may file in person at the county clerk's office or electronically through Michigan's MiFILE e-filing system at mifile.courts.michigan.gov. Pay the filing fee of $175 (without minor children) or $255 (with minor children) plus the $25 e-filing fee required under MCL 600.2529. If you received a fee waiver via Form MC 20, submit it with your filing. The clerk will assign a case number, file-stamp your documents, and issue the Summons (Form MC 01). Keep the original Summons for your records and obtain copies for service. The clerk's issuance of the Summons starts the 91-day clock — the Summons expires 91 days after issuance under MCR 2.102(D), so you must serve your spouse within that window.

If you need immediate court orders for temporary custody, parenting time, child support, spousal support, or exclusive use of the marital home, file a verified motion for temporary orders under MCR 3.207(C)(1). The motion must be verified — meaning signed under oath — and set forth facts sufficient to support the relief requested. In urgent situations involving risk of harm to children or dissipation of assets, you may request ex parte temporary orders under MCR 3.207(B), which the court can enter without a hearing. Under MCR 3.207(B)(6), all ex parte orders automatically become temporary orders if the other party does not file a written request to modify or rescind within the time specified. If the Friend of the Court is involved, you must also submit Form FOC 100 (Domestic Relations Judgment Information) when the first temporary custody, parenting-time, or support order is entered. Temporary orders remain in effect until modified or superseded by a final judgment under MCR 3.207(C)(5).

After filing, you must formally serve the Summons and Complaint on your spouse under MCR 2.105. Valid service methods include: personal delivery by a process server, sheriff, or any person over 18 who is not a party to the case; registered or certified mail with return receipt requested and delivery restricted to the addressee; or acknowledgment of service where your spouse voluntarily signs the acknowledgment portion of the proof of service form under MCR 2.104(A)(1). If your spouse cannot be located after diligent effort, you may file an ex parte motion under MCR 2.105(J)(1) requesting the court to authorize alternative service by posting or publication. The Summons expires 91 days after issuance under MCR 2.102(D), so complete service promptly. After service, file the Proof of Service with the court. If serving by certified mail, attach a copy of the signed return receipt. The date of service starts the clock for your spouse's response deadline.

After service, your spouse has a specific deadline to file and serve an Answer to the Complaint under MCR 2.108. If served personally within Michigan, the response deadline is 21 days after service. If served outside Michigan, by registered or certified mail, or by publication, the deadline is 28 days after service. Your spouse may file an Answer, a Counterclaim for Divorce, or both. If your spouse fails to respond within the deadline, you may request a default under MCR 2.603(A)(1) by asking the clerk to enter a default, and then proceed toward a default Judgment of Divorce. Even with a default, you must still wait the mandatory period — 60 days without minor children or 6 months with minor children under MCL 552.9f — before the court can enter the judgment. If your spouse does file an Answer, you will proceed to the financial disclosure and discovery phase. Some spouses may also file a motion to dismiss or request additional time to respond.

Under MCR 3.206(C), both parties must complete and exchange the Domestic Relations Verified Financial Information Form (Form CC 320) within 28 days after service of the defendant's initial responsive pleading. This form requires full disclosure of employment, income, assets, and debts. You must attach your four most recent paycheck stubs or an employer wage statement with year-to-date earnings, and a copy of your last federal and state income tax returns including all schedules. The CC 320 must be signed under oath before a notary public. After exchanging the forms, file a Proof of Service with the court confirming the exchange — but do not file the CC 320 itself with the court, as it is confidential under the court rules. Failure to provide the CC 320 can result in a motion to compel under MCR 3.206(C)(2) and sanctions under MCR 2.313(A)(2)(a), including payment of the opposing party's attorney fees. Parties may waive this requirement only by written agreement.

In most Michigan counties, both parents in a divorce case involving minor children are required to attend the SMILE (Start Making It Livable for Everyone) program or an equivalent court-approved parenting education course. SMILE is administered by the Friend of the Court and typically consists of a 45-minute session with a FOC counselor followed by a short video about the impact of high-conflict divorce on children. The program covers understanding children's needs during separation, creating a nurturing environment, and developing co-parenting communication skills. Many counties require completion before the court will approve a final Judgment of Divorce. Some counties allow online completion through certified providers for a small fee, while others require in-person attendance. You do not need to attend with the other parent, and you can take the class even before filing your case. Contact your county's Friend of the Court office for specific scheduling, fees, and deadlines. Bring your case number and photo ID to the session.

In cases involving minor children, the Friend of the Court (FOC) plays a central role in Michigan divorce proceedings. The FOC is a division of the Circuit Court that investigates custody and parenting-time disputes, recommends support amounts based on the Michigan Child Support Formula, and enforces court orders. After filing, the FOC will typically schedule a conciliation conference where a case manager meets with both parents to attempt resolution of custody, parenting time, and support issues without a contested hearing. If conciliation fails, the FOC may refer the case to mediation under the court's Community Dispute Resolution Program (courts.michigan.gov/administration/offices/office-of-dispute-resolution/CDRP/). In many counties, parents must attend at least one mediation session before the court will schedule a custody trial. FOC mediation is generally free for straightforward cases. If mediation fails, the FOC may conduct a custody investigation under MCL 722.27 and issue a recommendation to the court based on the 12 best-interest factors in MCL 722.23.

If your divorce is contested, the discovery phase allows both parties to obtain information needed for settlement or trial. Under Michigan's 2020 amended court rules, both parties must make mandatory initial disclosures under MCR 2.302(A)(1), including the factual and legal basis for claims, witness information, and relevant documents. Formal discovery is limited: interrogatories are capped at 35 questions under MCR 3.201(C), and depositions are limited to one day of seven hours per deponent under MCR 2.306. Discovery requests must be proportional to the needs of the case under the amended MCR 2.302(B). The court will schedule a pretrial conference under MCR 2.401 where the judge assesses the case, establishes a schedule for completing discovery, exchanging witness lists, and filing motions. The judge may also order settlement conferences or refer unresolved issues to mediation. At the pretrial conference, the judge encourages voluntary admissions, limits expert witnesses, and may set a trial date based on court availability.

Most Michigan divorces resolve through settlement rather than trial. A settlement agreement — called a Property Settlement Agreement or Consent Judgment of Divorce — addresses property division under MCL 552.19 (equitable distribution), spousal support under MCL 552.23, and if children are involved, custody under MCL 722.23, parenting time, and child support calculated under the Michigan Child Support Formula. Both parties must sign the agreement, and the court reviews it to ensure it is fair and, for cases with children, serves the children's best interests. If you cannot reach a settlement, the case proceeds to trial where the judge makes final determinations on all contested issues. Michigan does not use juries in divorce trials. Before entering any final judgment, the mandatory waiting period must have elapsed: 60 days without minor children or 180 days with minor children under MCL 552.9f (reducible to 60 days upon showing of unusual hardship). The judge enters the Judgment of Divorce, which is the final order dissolving the marriage.