Practice Areas Divorce The Divorce Process in Michigan: A Step-by-Step Guide

The Divorce Process in Michigan: A Step-by-Step Guide

If you are considering ending your marriage — or your spouse just filed papers — understanding the divorce process in Michigan is the first step toward protecting yourself, your children, and your financial future. Hermiz Law in Troy, Michigan, guides clients through every stage of this process, from the initial filing in Circuit Court through the final Judgment of Divorce.

The Michigan divorce process is the legal procedure for dissolving a marriage under Michigan law (MCL Chapter 552), filed in the Family Division of the Circuit Court. Michigan is a no-fault divorce state, meaning neither spouse must prove wrongdoing to end the marriage. This guide walks you through the requirements to file, the step-by-step process, mandatory waiting periods, costs, the difference between contested and uncontested divorce, and how property, custody, and support are decided under Michigan law.

Attorney Madana M. Hermiz has spent her career helping Michigan families navigate divorce with clarity and confidence. As the founding attorney of Hermiz Law in Troy, she focuses exclusively on divorce and family law matters across Oakland County, Macomb County, and the greater Metro Detroit area. Her deep knowledge of Michigan divorce procedure — from filing strategy through final judgment — gives her clients an informed advocate at every stage. Call today to discuss your case with a divorce attorney in Troy.

What Are the Steps in the Michigan Divorce Process?

The Michigan divorce process involves a series of legal steps that begin with filing a Complaint for Divorce and end with a judge signing a Judgment of Divorce. The key milestones include: filing, service of process, the defendant’s response, temporary orders, discovery, negotiation or mediation, settlement or trial, and entry of the final judgment.

The process begins when one spouse (the Plaintiff) files a Complaint for Divorce in the Family Division of the Circuit Court in the county where either spouse resides (MCL 552.9). The Defendant then has 21 days to respond if served in person within Michigan, or 28 days if served by mail or outside the state. If both spouses agree on all terms, they may use a streamlined consent judgment procedure under MCR 3.210(E) to simplify the process.

Here is a step-by-step overview of the Michigan divorce process:

Step 1 — File the Complaint for Divorce. One spouse files a Complaint for Divorce, Summons, and filing fee with the Circuit Court in the appropriate county.

Step 2 — Serve Your Spouse. The Defendant must be served with copies of the Summons and Complaint within 91 days of filing.

Step 3 — Defendant Responds. The Defendant has 21 days (personal service in Michigan) or 28 days (mail or out-of-state service) to file an Answer.

Step 4 — Mandatory Waiting Period Begins. The waiting period starts on the filing date — 60 days without minor children, 180 days with minor children (MCL 552.9f).

Step 5 — Temporary Orders. Either party may request temporary orders for custody, support, or property protection while the case is pending.

Step 6 — Discovery. In contested cases, both sides exchange financial documents, interrogatories, and other relevant information.

Step 7 — Negotiation, Mediation, or Settlement Conference. The parties attempt to resolve outstanding issues. A judge may refer the case to mediation under MCR 3.216.

Step 8 — Trial (If Needed). If disputes remain, a Circuit Court judge hears evidence and decides the unresolved issues.

Step 9 — Judgment of Divorce. The judge signs the Judgment of Divorce, which finalizes the divorce and addresses custody, property, support, and parenting time. No judgment may be entered without a hearing at which proofs are taken (MCL 552.9f).

What Documents Do You Need to File for Divorce in Michigan?

To file for divorce in Michigan, you need to prepare and file a Complaint for Divorce, a Summons, and the applicable filing fee with your local Circuit Court. The complaint must include the statutory grounds for divorce, the parties’ names (including pre-marriage names), residency information, and whether there are minor children (MCR 3.206).

If minor children are involved, additional documents are required: a Verified Statement (SCAO form FOC 23), a Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) Affidavit (SCAO form MC 416), and information about any other custody proceedings (MCL 722.1209). Oakland County allows electronic filing through MiFile. For in-person filing, the Oakland County Circuit Court is located at 1200 N Telegraph Rd, Pontiac, MI 48341. In Macomb County, forms are filed at the Macomb County Court Building, 40 N Main Street, Mt. Clemens, MI 48043.

Before filing, gather your financial documents: two to three years of tax returns, recent pay stubs, mortgage or lease agreements, bank statements, retirement account statements, and insurance policies. Having these ready speeds up the process and strengthens your position in negotiations.

How Does Your Spouse Get Served with Divorce Papers in Michigan?

After you file for divorce in Michigan, you must have copies of the Summons and Complaint served on your spouse. Service is made as provided in the general court rules (MCR 2.105, 3.203). Acceptable methods include personal service by a process server or another adult (not you), registered or certified mail with return receipt, or a signed Acknowledgement of Service.

The Summons is valid for 91 days from the date of filing. If your spouse signs an Acknowledgement of Service, it is generally considered a more cooperative approach and can set a better tone for negotiations. If there are minor children, a party is pregnant, or child or spousal support is requested, a copy of all pleadings must also be provided to the Friend of the Court (MCR 3.203).

What Happens If Your Spouse Does Not Respond to the Complaint?

If your spouse does not file an Answer within the deadline (21 or 28 days, depending on the service method), you can file a Default Request and Entry with the court. The party seeking default files a default, a notice of entry of default, and a request for entry of default, and sends notice of entry of default to all parties (MCR 3.210(B)).

A default cuts off the Defendant’s right to proceed with the action until the default has been set aside (MCR 3.210(B)(2)(c)). However, even with a default, the judge must find the property settlement and support terms fair and equitable under Michigan law. If you do not file the Default Request and Entry in a timely manner, the court may dismiss your case. A non-military affidavit must also be filed before a default judgment can be entered (MCR 2.603(C)).

What Are the Requirements to File for Divorce in Michigan?

To file for divorce in Michigan, you must meet two requirements: a residency requirement and a statement that the marriage has broken down. There is no need to prove fault, wrongdoing, or that your spouse agrees.

How Long Do You Have to Live in Michigan Before You Can File?

You or your spouse must have lived in Michigan for at least 180 days before filing. You must also file in a county where either spouse has lived for at least 10 days (MCL 552.9(1)). Residence means the place of a permanent home where the party intends to remain.

The 10-day county residency requirement may be waived if the court finds that the parties’ minor children are at risk of being taken outside the United States by a defendant who was born in or is a citizen of another country (MCL 552.9(2)). You may file in the county where your spouse lives rather than your own county.

Do You Need to Be Separated Before Filing for Divorce in Michigan?

No. Michigan does not require you to be separated or living apart before filing for divorce. You can file while still living in the same house as your spouse. While separation is not required, the filing date triggers the mandatory waiting period (60 or 180 days).

What Does No-Fault Divorce Mean in Michigan?

Michigan has been a no-fault divorce state since 1971, meaning neither spouse has to prove wrongdoing like cheating, cruelty, or abandonment to get a divorce. The sole statutory 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” (MCL 552.6).

The plaintiff may not include any other explanation of the grounds in the complaint. The defendant may admit or deny the grounds, but the court is not bound by the admission. Even though Michigan is no-fault, a judge can still consider fault (marital misconduct) when deciding spousal support and property division.

Ready to Discuss Your Filing Options With a Michigan Divorce Attorney?

Whether you are initiating a divorce or responding to papers your spouse already filed, the decisions you make at the outset shape the entire case. Attorney Madana Hermiz at Hermiz Law helps clients in Troy and across Oakland County understand their options before they file. Call (248) 825-8042 to schedule a consultation.

How Long Does the Divorce Process Take in Michigan?

The Michigan divorce process takes a minimum of 60 days for couples without minor children and 180 days (6 months) for couples with minor children. Most divorces take between 2 and 9 months, depending on whether the case is contested or uncontested.

The waiting period begins on the date the Complaint for Divorce is filed, not the date the other spouse is served. No proofs or testimony can be taken until the waiting period expires (MCL 552.9f).

What Is the Waiting Period for Divorce in Michigan?

Michigan law imposes a mandatory cooling-off waiting period between filing and finalization. Without minor children, you must wait at least 60 days. With minor children, you must wait at least 180 days (6 months). The 60-day minimum cannot be shortened under any circumstances. The 180-day period can be reduced with judicial approval, but never to fewer than 60 days (MCR 3.210(A)(2)).

Can the 6-Month Waiting Period Be Waived in Michigan?

Yes. A Michigan judge can shorten the 180-day waiting period if you demonstrate “unusual hardship or compelling necessity,” but the total cannot be reduced below 60 days (MCR 3.210(A)(2)). The 60-day minimum is absolute — no judge can waive it. Do not schedule property closings, remarriage, or other transactions dependent on the divorce being finalized immediately after a waiver hearing.

How Long Does an Uncontested Divorce Take vs. a Contested Divorce?

An uncontested divorce in Michigan can be finalized in as little as 60 days (without children) or 6 months (with children). A contested divorce typically takes 6 months to over a year. Factors that extend timelines include disagreements over property or custody, court scheduling backlogs, discovery disputes, and uncooperative spouses.

Ready to Discuss Your Divorce Timeline With a Michigan Divorce Attorney?

The length of your divorce depends on your circumstances — children, assets, and whether your spouse cooperates. Madana Hermiz can evaluate your situation and give you a realistic timeline during an initial consultation. Call Hermiz Law at (248) 825-8042.

How Much Does a Divorce Cost in Michigan?

The cost of a divorce in Michigan ranges from approximately $1,500 for a simple uncontested case to $15,000 or more for a contested divorce that goes to trial. Costs depend on the complexity of the issues, whether children are involved, and whether the case settles or goes to trial.

Cost components include filing fees, attorney fees ($200–$400/hour for Michigan divorce attorneys, with retainers typically ranging from $1,200 to $7,000+), mediation costs ($100–$500/hour), and expert fees for appraisers or forensic accountants when complex assets are involved.

What Are the Filing Fees for Divorce in Oakland County and Macomb County?

In Oakland County, the filing fee for a divorce without minor children is $175, and $255 if minor children are involved. Macomb County fees are similar, starting at approximately $150. Additional costs include motion fees ($20 per motion in Oakland County), judgment entry fees, and Friend of the Court fees ($80).

Filing fees may be waived in whole or in part on a showing of indigency or inability to pay (MCL 600.2529(5)). Fees must be waived for persons receiving public assistance and indigent persons (MCR 2.002). You can file a Fee Waiver Request (SCAO form MC 20) with your complaint.

Do You Need a Lawyer to File for Divorce in Michigan?

No. Michigan law does not require you to hire a lawyer to file for divorce. You can represent yourself (pro se), and Michigan Legal Help offers free Do-It-Yourself Divorce tools to help prepare your forms. A DIY approach can work for simple, uncontested divorces with few assets and no children.

However, a lawyer is strongly recommended for contested cases, significant assets, business ownership, child custody disputes, or domestic violence situations. An experienced divorce attorney ensures deadlines are met, rights are protected, and settlements are fair. If your divorce involves property, children, or disagreements, consulting a Troy, Michigan divorce attorney like Madana Hermiz can protect your interests.

Ready to Discuss the Cost of Your Divorce With a Michigan Divorce Attorney?

Every divorce is different, and costs depend on the complexity of your case. Madana Hermiz provides transparent fee structures and can help you understand what to expect financially before you commit. Call Hermiz Law at (248) 825-8042 to discuss your situation.

What Is the Difference Between Contested and Uncontested Divorce in Michigan?

In Michigan, an uncontested divorce means both spouses agree on all terms — property, custody, and support — and can finalize without a trial. A contested divorce means one or more issues are in dispute and may require court intervention. Many divorces start as contested and become uncontested through negotiation or mediation.

Uncontested cases may use a streamlined consent judgment procedure under MCR 3.210(E). Contested cases follow a structured process that includes discovery, temporary orders, and potentially a trial where the judge must state findings of fact and conclusions of law (MCR 3.210(D)).

What Happens During a Contested Divorce in Michigan?

A contested divorce in Michigan follows a structured process that includes filing, discovery, negotiation attempts, and potentially a trial where a judge decides the unresolved issues. The stages include: (1) filing and service, (2) Answer and Counterclaim, (3) discovery (interrogatories, depositions, document requests), (4) temporary orders for custody, support, or property protection, (5) mediation or negotiation, (6) settlement conference, (7) trial, and (8) entry of the Judgment of Divorce.

Discovery can be extensive, involving financial document exchanges, expert evaluations (business appraisals, real estate valuations), and depositions. Contested divorces take longer (6 months to over a year) and cost significantly more due to attorney time, expert fees, and court appearances.

Is Mediation Required in a Michigan Divorce?

Michigan law does not mandate mediation for every divorce, but judges have the discretion to order it. The court may refer any contested issue to mediation, though parties subject to personal protection orders or involved in child abuse proceedings may not be referred to mediation without a hearing (MCR 3.216). Referral to mediation can occur by stipulation, a party’s written motion, or the court’s own motion (MCR 3.216(C)).

Mediation is nonbinding — the mediator facilitates negotiation but does not make decisions. Costs are typically split between the parties and range from $100 to $500 per hour in Michigan. The Friend of the Court must also provide mediation for custody and parenting time disputes, which is optional for the parties to use. Mediation can reduce costs significantly compared to a full trial.

Ready to Discuss Contested vs. Uncontested Divorce With a Michigan Divorce Attorney?

Not sure whether your divorce will be contested? The answer often depends on how you and your spouse communicate about key issues. Madana Hermiz can assess your situation and recommend the most efficient path forward. Call (248) 825-8042.

How Are Property, Custody, and Support Decided in a Michigan Divorce?

In a Michigan divorce, the court must resolve three major categories of issues: property and debt division, child custody and parenting time, and spousal support. If you and your spouse agree on these issues, you control the outcome. If not, a judge decides based on Michigan law.

How Is Property Divided in a Michigan Divorce?

Michigan follows equitable distribution, meaning the court divides property fairly — but not necessarily 50/50. The court distinguishes between marital property (acquired during the marriage) and separate property (owned before the marriage or received as a gift or inheritance). Factors courts consider include each spouse’s contribution to the marital estate, the length of the marriage, age, health, earning ability, and conduct during the marriage (MCL 552.19).

Complex assets — retirement accounts, business interests, real estate holdings — may require expert valuations. Division of retirement benefits often requires a Qualified Domestic Relations Order (QDRO). The final judgment must include a determination of each party’s rights in pension, annuity, or retirement benefits and in property.

How Is Child Custody Decided During a Michigan Divorce?

Michigan courts decide child custody based on the “best interests of the child,” using 12 statutory factors outlined in MCL 722.23. The court distinguishes between legal custody (decision-making authority over education, health care, and religion) and physical custody (where the child lives). Joint custody must be considered if either parent requests it.

The concept of Established Custodial Environment (ECE) is critical — if a child has an established custodial environment with one parent, a higher standard of evidence (clear and convincing) is required to change it. The Friend of the Court investigates custody disputes and makes recommendations to the judge.

How Does Spousal Support (Alimony) Work in Michigan?

Michigan has no formula for spousal support (alimony). Judges decide on a case-by-case basis by weighing several factors: length of the marriage, each spouse’s income and earning capacity, age and health, prior standard of living, contributions to the marriage (including as a homemaker), and fault. Types of spousal support in Michigan include temporary (during proceedings), periodic, permanent, and lump-sum.

Child or spousal support must be ordered in the latest version of the State Court Administrative Office (SCAO) Uniform Support Order. If spousal support is nonmodifiable, the judgment must include a provision to that effect. Generally, periodic spousal support is modifiable; property division and alimony in gross provisions are not (MCL 552.23).

What Does the Friend of the Court Do in a Michigan Divorce?

The Friend of the Court (FOC) is a court office in Michigan that assists judges with custody, parenting time, and child support issues in divorce and family law cases. Core FOC functions include investigating disputes, making recommendations to the judge, calculating child support using the Michigan Child Support Formula, providing mediation and alternative dispute resolution services, and enforcing court orders (MCL 552.501 et seq.).

FOC recommendations can become court orders if neither party objects within 21 days. A party has the right to judicial review of any matter that was the subject of a referee hearing (MCR 3.215(F)). Parents can opt out of FOC services by joint motion if both agree and the court approves. The FOC does not represent either parent and cannot give legal advice.

Ready to Discuss Property, Custody, or Support Issues With a Michigan Divorce Attorney?

These are the decisions that shape your life after divorce. Whether you need to protect your share of marital assets, fight for custody, or understand your spousal support rights, Madana Hermiz provides experienced guidance. Contact Hermiz Law at (248) 825-8042.

How Can a Troy, Michigan Divorce Lawyer Help You Through the Process?

Navigating the Michigan divorce process without experienced legal guidance can lead to costly mistakes, missed deadlines, and unfair outcomes — especially in contested cases or those involving children and significant assets. An experienced divorce attorney helps by:

• Filing all paperwork correctly and on time with the appropriate Circuit Court
• Protecting your rights during discovery and financial disclosure
• Negotiating fair property division and custody terms on your behalf
• Representing you in court hearings, mediation, and settlement conferences
• Advising on mediation strategy to avoid unnecessary trial costs
• Ensuring the Judgment of Divorce accurately reflects your interests and the agreed-upon terms

Attorney Madana Hermiz at Hermiz Law in Troy, Michigan has extensive experience guiding clients through divorce in Oakland County and Macomb County. She serves Troy, Rochester Hills, Sterling Heights, Birmingham, and surrounding Metro Detroit communities. Call (248) 825-8042 to schedule a consultation and take the first step toward resolving your divorce with confidence.

Ready to Discuss Your Next Steps With a Michigan Divorce Attorney?

You do not have to navigate this alone. Whether you are filing for divorce or responding to your spouse’s filing, Madana Hermiz is ready to help you understand your rights and options. Call Hermiz Law today at (248) 825-8042 to schedule your consultation.

Frequently Asked Questions About the Divorce Process in Michigan

Can I file for divorce in Michigan if my spouse lives in another state?

Yes, as long as you meet Michigan’s residency requirements — you must have lived in Michigan for at least 180 days and in the filing county for at least 10 days (MCL 552.9). However, the court may have limited jurisdiction over property division and custody if your spouse resides out of state.

How long do I have to wait to remarry after a Michigan divorce?

Your divorce is final once the judge signs the Judgment of Divorce and it is entered with the court clerk. There is no additional waiting period to remarry in Michigan after the judgment is entered.

Can my spouse stop me from getting a divorce in Michigan?

No. Because Michigan is a no-fault state, only one spouse needs to want the divorce. Your spouse’s disagreement will not prevent the court from granting the divorce. If your spouse does not respond, you can proceed by default (MCR 3.210(B)).

What happens to the house in a Michigan divorce?

The marital home is subject to equitable distribution under MCL 552.19. The court may award the home to one spouse (often the custodial parent), order the home sold and proceeds split, or allow one spouse to buy out the other’s interest. The outcome depends on the specific facts of your case.

Do I have to go to court for a Michigan divorce?

Yes. Even in an uncontested divorce, at least one spouse must appear at a proof hearing where testimony establishes the statutory grounds for divorce and jurisdiction (MCL 552.9f). In contested cases, you may need to attend multiple hearings, settlement conferences, and potentially a trial.

The information provided on this page is for general informational and marketing purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every legal situation is unique — if you need advice specific to your circumstances, contact Hermiz Law at (248) 825-8042 to schedule a consultation with a Michigan family law attorney.

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