How do I file for divorce in Michigan?

Q: How do I file for divorce in Michigan?

Michigan divorce is governed by MCL § 552.1 et seq. 1. Residency Requirements — Plaintiff must have been a Michigan resident for 180 days and a county resident for 10 days before filing. 2. No-Fault Ground — Michigan is a pure no-fault state. The only ground: '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). 3. Required Forms — Complaint for Divorce, Summons, Verified Statement, Record of Divorce, and (if children) a Uniform Child Custody Jurisdiction Affidavit and proposed Parenting Plan. 4. Filing Fee — Approximately $175 (no children) or $255 (with children). Fee waivers available. 5. Service of Process — Personal service, certified mail, or sheriff/process server. Respondent has 21 days to answer (28 days if served outside Michigan). 6. Waiting Period — 60 days from filing if there are no minor children; 6 months if minor children exist (waivable for good cause but rarely below 60 days). 7. Property Division — Michigan is an equitable distribution state. Marital assets are divided equitably, with a starting presumption of equal division. Separate property may be invaded if needed for fairness. 8. Final Judgment — A Judgment of Divorce entered by a circuit court judge ends the marriage. A Friend of the Court office handles support and custody enforcement. This is legal information, not legal advice.

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Michigan divorce is governed by MCL § 552.1 et seq.

1. Residency Requirements — Plaintiff must have been a Michigan resident for 180 days and a county resident for 10 days before filing.

2. No-Fault Ground — Michigan is a pure no-fault state. The only ground: '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).

3. Required Forms — Complaint for Divorce, Summons, Verified Statement, Record of Divorce, and (if children) a Uniform Child Custody Jurisdiction Affidavit and proposed Parenting Plan.

4. Filing Fee — Approximately $175 (no children) or $255 (with children). Fee waivers available.

5. Service of Process — Personal service, certified mail, or sheriff/process server. Respondent has 21 days to answer (28 days if served outside Michigan).

6. Waiting Period — 60 days from filing if there are no minor children; 6 months if minor children exist (waivable for good cause but rarely below 60 days).

7. Property Division — Michigan is an equitable distribution state. Marital assets are divided equitably, with a starting presumption of equal division. Separate property may be invaded if needed for fairness.

8. Final Judgment — A Judgment of Divorce entered by a circuit court judge ends the marriage. A Friend of the Court office handles support and custody enforcement.

This is legal information, not legal advice.