Michigan Compiled Laws Chapter 552 - Divorce

Michigan is a pure no-fault divorce state. The only ground required 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.' Neither spouse needs to prove wrongdoing, though fault may still influence property division and spousal support decisions.

Effective: 1972

To file for divorce in Michigan, either the plaintiff or defendant must have lived in the state for at least 180 days immediately before filing, and in the county where the complaint is filed for at least 10 days. An exception to the 10-day county requirement exists when a foreign-born spouse poses a risk of taking minor children out of the country.

Effective: 2023

Michigan imposes a mandatory waiting period before a divorce can be finalized. Cases without minor children must wait at least 60 days from the date of filing. Cases involving minor children must wait at least 6 months (180 days), though the court can shorten this to no less than 60 days upon a showing of unusual hardship or compelling necessity. The 60-day minimum cannot be waived under any circumstances.

Effective: 1972

Upon divorce, the court may restore to either party the whole or any just and reasonable portion of their real and personal property acquired during the marriage. Michigan follows equitable distribution, meaning the court divides property fairly but not necessarily equally. Only marital property is subject to division; separate property (owned before marriage, gifts, or inheritances) generally stays with the original owner unless commingled.

Effective: 1970

The court may award one spouse all or part of the property owned by the other spouse if it appears equitable under the circumstances and the claiming spouse contributed to the property's acquisition, improvement, or accumulation. Once the divorce decree is final, it operates as a quitclaim deed for real estate or bill of sale for personal property. This is one of two statutory bases for 'invading' a spouse's separate property.

Effective: 1972

If the property awarded to a spouse is insufficient for their suitable support and maintenance, the court may invade the other spouse's separate property. The court must first find that marital property alone is inadequate before accessing separate assets. This needs-based invasion works alongside the contribution-based invasion under §552.401 to ensure fair outcomes.

Effective: 1970

Any rights or contingent rights in vested or unvested pension, annuity, or retirement benefits accrued during the marriage are considered part of the marital estate and subject to division by the court. The court can also amend prior orders to satisfy the requirements of an eligible domestic relations order (EDRO) for state retirement systems or a qualified domestic relations order (QDRO) for private plans.

Effective: 2006

Every divorce judgment must specifically address all rights — including contingent rights — in vested and unvested pension, annuity, and retirement benefits. For cases filed after September 1, 2006, a proportionate share of all components (supplements, subsidies, early retirement benefits, post-retirement increases, surviving spouse benefits, death benefits) must be included unless the judgment expressly excludes them.

Effective: 2017

When spouses who own real estate as joint tenants or tenants by the entirety get divorced, they automatically become tenants in common unless the divorce decree specifies otherwise. This means each spouse holds a separate, transferable share of the property rather than a survivorship interest.

Effective: 1909

Michigan defines 'best interests of the child' through 12 statutory factors the court must evaluate in every custody dispute: (a) emotional ties with each parent, (b) capacity to provide love and guidance, (c) ability to provide material needs, (d) stability of current environment, (e) permanence of custodial home, (f) moral fitness of parents, (g) mental and physical health, (h) school and community adjustment, (i) reasonable preference of the child, (j) willingness to facilitate the parent-child relationship with the other parent, (k) domestic violence, and (l) any other relevant factor. Factor (j) is widely regarded as the most important.

Effective: 2016

The court may not change a child's established custodial environment unless presented with clear and convincing evidence that the change serves the child's best interests. A custodial environment is 'established' when the child naturally looks to the custodian for guidance, discipline, necessities, and parental comfort over an appreciable period. For changes that do not alter the custodial environment, a lesser preponderance of evidence standard applies. Modifications require showing proper cause or a change of circumstances.

Effective: 2016

Parenting time must be granted in accordance with the best interests of the child and in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the noncustodial parent. Michigan law presumes that a strong bond with both parents serves the child's best interests. Orders may include conditions such as transportation responsibilities, restrictions on third-party presence, and specific pickup and return times. Special protections apply during military deployment.

Effective: 2016

A custodial parent may not move a child's legal residence more than 100 miles from the child's residence at the time the custody order was issued without the other parent's consent or court permission. Exceptions apply when one parent has sole legal custody, when the residences are already over 100 miles apart, or when the move brings parents closer. The court evaluates whether the move improves quality of life, impacts the parenting schedule, and whether either parent is motivated by financial advantage or guilty of domestic violence.

Effective: 2001

The court may award joint custody (legal, physical, or both) and must consider the best interest factors and whether the parents will be able to cooperate in raising the child. Joint custody means the parents share decision-making responsibilities and/or physical custodial time. At the request of either parent, the court must consider granting joint custody and must state on the record its reasons for granting or denying the request.

Effective: 1980

The court must order child support based on the Michigan Child Support Formula (MCSF), developed by the State Friend of the Court Bureau and updated effective January 1, 2025. The court may deviate from the formula only if strict application would be unjust or inappropriate, and must state in writing: the formula amount, how the order deviates, the value of any alternative property or support, and the reasons for deviation. The 2025 formula eliminates the 10%/90% income apportionment floor/ceiling and lowers the ordinary medical expense threshold to $200 per child.

Effective: 2015

The court may order child support to continue after a child turns 18 if the child is regularly attending high school full-time with a reasonable expectation of graduating. Support under this provision cannot continue past age 19 years and 6 months. This ensures children are not left without support during their final months of high school.

Effective: 2002

The court may award spousal support in gross or periodic payments as it considers just and reasonable, after considering the ability of either party to pay and the character and situation of both parties. Michigan has no statutory formula for spousal support. Courts apply 14 case-law factors from Sparks v. Sparks, including: duration of marriage, earning capacity, age, health, standard of living, contributions to the joint estate, and whether one spouse enabled the other's education or career. Permanent alimony is rare and reserved for long marriages where the recipient cannot become self-sufficient.

Effective: 1970

During the pendency of a divorce action, either party may request temporary (pendente lite) spousal support. After the final judgment, spousal support terminates upon the death of either party or the remarriage of the recipient unless the parties agreed to different terms. Under §552.28, either party may petition the court to modify or terminate support if circumstances change substantially (job loss, illness, remarriage), unless the original judgment expressly prohibits modification.

Effective: 1970

Every child support payment becomes a judgment automatically on the date it is due, with the full force and effect of a Michigan court judgment. Support cannot be retroactively reduced, except back to the date a modification petition was filed. The Friend of the Court may impose liens on the payer's property if arrearages exceed a specified threshold. Income withholding is mandatory for all support orders entered or modified after July 1, 1983.

Effective: 2014

A divorce complaint must allege 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 the marriage can be preserved. The defendant may deny this allegation. If the court finds the marriage has not irretrievably broken down, it may continue the matter for up to 6 months and refer the parties to counseling, but ultimately the court must grant the divorce if the plaintiff maintains the marriage is broken.

Effective: 1972

After a divorce complaint is filed, either party, the Friend of the Court, or the court itself may enter temporary orders for the care, custody, and support of minor children while the case is pending. These pendente lite orders ensure children are protected during what may be a lengthy divorce process. The court may also order temporary support for adult children still in high school under §552.605b.

Effective: 2002

Michigan's Friend of the Court (FOC) is a unique institution that assists the court in all domestic relations cases involving minor children, child support, spousal support, and parenting time. The FOC investigates custody disputes, provides recommendations to the judge, offers mediation services, and helps enforce support orders. Parties may agree to opt out of FOC services under certain circumstances, though re-entering FOC oversight later requires a formal application and court order.

Effective: 2002

At the time of entering the final divorce judgment, the court may make any orders it considers just and proper concerning the care, custody, and support of minor children, applying the Michigan Child Support Formula. The court may also address support for children past age 18 who are still attending high school. This statute works alongside §552.15 (temporary orders) and §552.17 (post-judgment modification) to cover the full lifecycle of child-related orders.

Effective: 2002

After the final divorce judgment, either parent may petition the court to revise custody, maintenance, and support provisions as the circumstances of the parents and the benefit of the children require. The court must find proper cause or a change of circumstances before modifying custody, and the standard of proof depends on whether the change alters the established custodial environment. Support modifications are governed by the Support and Parenting Time Enforcement Act.

Effective: 2002

A spouse, former spouse, person with a child in common, dating partner, or household member may petition the family division of circuit court for a personal protection order (PPO) to stop threats or violence. The court may issue an ex parte PPO within one business day if immediate harm is likely, valid for at least 182 days. A PPO can coexist with a divorce proceeding and may prohibit assault, stalking, contact, removing children, and harming animals. There are no fees to file, modify, or enforce a PPO.

Effective: 2016

Michigan's Uniform Collaborative Law Act (2014 PA 159) allows divorcing parties to resolve their case through a collaborative process as an alternative to litigation. Both parties and their attorneys sign a participation agreement committing to good-faith negotiation without court intervention. If the collaborative process fails, both collaborative attorneys are disqualified from representing the parties in subsequent litigation, and the parties must retain new counsel.

Effective: 2014

When a divorce is granted, the court may restore a party to their birth name, the surname they legally bore before the marriage, or allow them to adopt a new surname, provided the change is not sought with fraudulent or evil intent. The name change is included directly in the divorce decree without requiring a separate legal proceeding.

Effective: 1975

Child support orders must address health care coverage for minor children. Each party must keep the Friend of the Court informed of available health care coverage, including insurance company names, policy numbers, and names of covered persons. The court may order both parents to maintain coverage when both already provide it or both agree. This ensures children retain medical coverage throughout and after the divorce.

Effective: 2004

When a parent is called to military deployment, the court presumes that the existing parenting time arrangement at the time of deployment should be preserved, and changes require clear and convincing evidence to the contrary. The court may enter temporary parenting time orders during deployment and must restore the pre-deployment arrangement when the parent returns. This protects service members from losing custody or parenting time solely because of military duty.

Effective: 2006