Filing for divorce is one of life’s most difficult decisions. Beyond the emotional weight, the legal process itself can feel overwhelming when you don’t know what to expect. Understanding each step helps you move forward with clarity and confidence.

Michigan uses a no-fault divorce system, which means you don’t need to prove your spouse did something wrong to end your marriage. You simply need to establish that the marriage has broken down with no reasonable likelihood of reconciliation. This guide walks you through the entire Michigan divorce process—from meeting residency requirements to receiving your final judgment—so you know exactly what lies ahead.

Residency Requirements: Can You File in Michigan?

Before filing for divorce in Michigan, you must meet specific residency requirements established under MCL 552.9.

• At least one spouse must have lived in Michigan for 180 days (approximately six months) before filing.
• Additionally, you must have resided in the county where you’re filing for at least 10 days before submitting your complaint.

These requirements exist to ensure Michigan courts have proper jurisdiction over your divorce. If you recently moved to Michigan, you’ll need to wait until you meet the residency threshold. Filing before meeting residency requirements can result in your case being dismissed.

Which county should you file in?

Generally, you file in the county where either spouse resides. If you and your spouse live in different counties, you can typically choose either location. Consider factors like courthouse convenience, local court processing times, and where your attorney practices.

Step 1: Filing the Complaint for Divorce

The divorce process officially begins when you file a Complaint for Divorce with the circuit court in your county.

What the complaint contains: Your complaint establishes basic information including both spouses’ names and addresses, date and location of marriage, grounds for divorce (the statutory language about marriage breakdown), whether minor children exist, and initial requests regarding property, support, and custody.

Michigan’s no-fault divorce language under MCL 552.6 states 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.”

Filing fees vary by county but typically range from $175 to $260. If you cannot afford the filing fee, you may request a fee waiver by filing an affidavit demonstrating financial hardship.

Required forms include the Complaint for Divorce, a summons, and potentially additional documents depending on your county and circumstances. Most Michigan courts provide standardized forms, and many counties offer self-help resources for unrepresented parties.

The plaintiff and defendant: The spouse who files is called the plaintiff; the other spouse becomes the defendant. Being the plaintiff doesn’t give you advantages in the outcome—it simply means you initiated the process.

Step 2: Serving Your Spouse

After filing, you must formally notify your spouse of the divorce proceedings. This is called “service of process,” and Michigan law requires it to be done properly.

Acceptable service methods include personal service by a process server or sheriff’s deputy (the server physically hands documents to your spouse), certified mail with return receipt in some circumstances, or acknowledgment of service where your spouse voluntarily signs accepting the documents.

You cannot serve your spouse yourself. Someone over 18 who isn’t a party to the case must deliver the documents.

Response deadline: After being served, your spouse has 21 days to file a response (28 days if served by mail or outside Michigan). If your spouse fails to respond, you may be able to proceed with a default judgment, though this has limitations and courts generally prefer both parties to participate.

If you can’t locate your spouse: When a spouse cannot be found despite diligent efforts, you may request permission to serve by publication—publishing notice in a newspaper. This requires demonstrating to the court that you’ve made genuine attempts to locate your spouse.

Waiting Periods: How Long Does Michigan Divorce Take?

Michigan law imposes mandatory waiting periods before a divorce can be finalized.

Without minor children: 60-day minimum waiting period from the date of filing.

With minor children: 180-day minimum waiting period (approximately six months) from the date of filing. Courts can reduce this to no less than 60 days if circumstances warrant, but reductions aren’t automatic.

Realistic timelines: The waiting period is the minimum, not the typical duration. Uncontested divorces where spouses agree on everything might conclude shortly after the waiting period ends—perhaps 2 to 4 months for cases without children, or 6 to 8 months with children.

Contested divorces take considerably longer. When spouses dispute custody, property division, or support, cases commonly extend 9 to 18 months. Highly contentious cases involving complex assets, custody battles, or discovery disputes can stretch beyond two years.

Factors affecting duration include how quickly spouses reach agreements, court scheduling and backlog in your county, whether custody evaluation is needed, complexity of assets requiring valuation, and level of conflict between parties.

Temporary Orders: Immediate Needs During Divorce

Divorce takes time, but life doesn’t pause while waiting. Temporary orders address immediate needs during the divorce process.

Common temporary orders include:

• Temporary custody and parenting time establishing where children live and each parent’s time during the divorce proceedings.

• Temporary child support and spousal support ensuring financial needs are met while the case progresses.

• Exclusive use of the marital home determining which spouse remains in the residence.

• Bill payment responsibilities specifying who pays the mortgage, utilities, insurance, and other ongoing expenses.

• Restraining provisions preventing either spouse from dissipating assets, canceling insurance, or taking other harmful financial actions.

How to obtain temporary orders:

Either spouse can file a motion requesting temporary orders early in the case. The court will schedule a hearing where both parties present their positions. Temporary orders remain in effect until the final judgment replaces them.

Temporary orders don’t necessarily predict final outcomes. A spouse receiving temporary custody doesn’t automatically receive permanent custody. However, courts consider the status quo when making final decisions, so temporary orders do carry some weight.

Discovery: Gathering Information and Evidence

Discovery is the formal process of exchanging information between parties. In divorce, this primarily involves financial disclosure.

Common discovery tools include:

• Interrogatories: Written questions the other party must answer under oath. These might ask about income sources, bank accounts, retirement accounts, debts, and living expenses.

• Requests for production: Demands for documents like tax returns, bank statements, pay stubs, retirement account statements, business records, and real estate documents.

• Depositions: In-person questioning under oath, recorded by a court reporter. Depositions are more common in complex or contested cases.

• Subpoenas: Court orders requiring third parties (banks, employers, financial institutions) to produce records.

Why discovery matters:

Complete financial information is essential for fair property division and support calculations. Spouses sometimes hide assets or income—discovery provides legal tools to uncover the full financial picture.

Michigan’s disclosure requirements: Under MCR 3.206, both parties in a divorce must exchange verified financial statements. This mandatory disclosure occurs regardless of formal discovery requests.

Discovery can be time-consuming and expensive. In cooperative divorces, parties often voluntarily exchange information without formal discovery. In contentious cases, extensive discovery may be necessary to ensure complete disclosure.

Settlement Options: Resolving Your Divorce Without Trial

The vast majority of Michigan divorces settle without trial. Multiple pathways exist for reaching agreement.

Direct negotiation: Spouses and their attorneys communicate and negotiate terms. This works well when conflict is manageable and both parties are reasonable.

Mediation: A neutral mediator helps spouses work toward agreement. The mediator doesn’t decide outcomes—they facilitate productive discussion. Mediation is typically less expensive and faster than litigation, and many Michigan courts require mediation attempts before trial.

Collaborative divorce: Both spouses and their attorneys commit to reaching agreement without court intervention. If collaboration fails, both attorneys must withdraw and the parties hire new counsel for litigation. This structure incentivizes settlement.

Settlement conference: A meeting with the judge or referee to discuss settlement. The judicial officer may provide case evaluation helping parties understand likely trial outcomes, encouraging resolution.

Consent judgment: When spouses reach complete agreement, they submit a proposed Judgment of Divorce for court approval. The judge reviews the agreement to ensure it meets legal requirements and, if children are involved, serves their best interests.

Benefits of settlement: You control the outcome rather than leaving decisions to a judge. Settlement is typically faster, less expensive, and less emotionally damaging than trial. It also allows more creative solutions tailored to your family’s specific needs.

Trial and Final Judgment

When settlement isn’t possible, the case proceeds to trial.

What happens at divorce trial: Both parties present evidence and testimony to the judge. Witnesses may include the spouses, financial experts, custody evaluators, and others with relevant information. Attorneys make arguments about how the law applies to the facts. The judge then decides all disputed issues.

Michigan divorce trials are bench trials—decided by a judge, not a jury. The judge applies Michigan law to determine property division, custody, parenting time, child support, and spousal support.

Judgment of Divorce: Whether through settlement or trial, the divorce concludes with entry of a Judgment of Divorce. This document formally ends the marriage and establishes all terms regarding property, support, custody, and parenting time.

When the divorce is final: Your divorce becomes final when the judge signs the Judgment of Divorce. At that point, you’re legally single and bound by the judgment’s terms.

Post-Judgment Issues

Even after divorce is final, issues sometimes arise.

Modifying orders: Custody, parenting time, and support orders can be modified when circumstances change substantially. Property division is generally final and cannot be modified.

Enforcement: If your ex-spouse fails to follow the judgment—not paying support, violating custody terms, not transferring property—you can seek enforcement through the court.

QDROs for retirement accounts: Dividing retirement accounts requires a Qualified Domestic Relations Order (QDRO), a separate court order directing the retirement plan administrator to divide the account.

Name changes: If you requested a name restoration in your divorce, your judgment authorizes the change. You’ll need to update Social Security, driver’s license, and other records.

Frequently Asked Questions About Filing for Divorce in Michigan

Can I file for divorce in Michigan without an attorney?

Yes, you can represent yourself (called proceeding “pro se”) in Michigan divorce. Courts provide standardized forms and some offer self-help resources. However, divorces involving significant assets, business interests, custody disputes, or complex issues benefit from legal representation. Mistakes in divorce proceedings can have lasting financial and personal consequences.

How much does divorce cost in Michigan?

Divorce costs vary dramatically. Filing fees run $175 to $260. Uncontested divorces with attorney assistance might cost $2,500 to $6,000 total. Contested divorces typically range from $9,000 to $25,000 or more, depending on complexity and conflict level. Highly contentious cases with extensive litigation can exceed $50,000.

Can we use the same attorney for our divorce?

No. An attorney can only represent one spouse—representing both would be an ethical conflict of interest. If you’ve reached agreement and want to minimize costs, one spouse can hire an attorney to prepare documents while the other reviews them independently (or consults separate counsel). But one attorney cannot advocate for both parties.

What if my spouse won’t agree to divorce?

Michigan’s no-fault divorce law doesn’t require your spouse’s agreement. You can obtain a divorce even if your spouse contests it. Your spouse can dispute terms like custody, property division, and support, but cannot prevent the divorce itself. The court will make decisions on disputed issues if you cannot reach agreement.

Do I have to go to court for my divorce?

Usually at least once. Most Michigan divorces require a final hearing called a “prove-up” or “pro confesso” hearing, even in uncontested cases. This hearing is typically brief—sometimes just 10 to 25 minutes. In contested cases, you may attend multiple hearings throughout the process.

Take the Next Step: Start Your Divorce Process with Confidence

Understanding the divorce process helps you approach this difficult time with realistic expectations and informed decisions. While every divorce is unique, the fundamental steps remain consistent across Michigan.

At Boroja, Bernier & Associates, we guide Michigan residents through divorce with compassion and practical expertise. Our family law attorneys help you understand your options, protect your interests, and move toward resolution as efficiently as possible. With offices in Shelby Township, Troy, Ann Arbor, and Lansing, we serve families throughout Macomb County, Oakland County, Wayne County, and Southeast Michigan.

To schedule a consultation with the Michigan divorce attorneys at Boroja, Bernier & Associates, call our law offices at 586-991-7611 to schedule a consultation. We’ll help you understand what to expect and develop a strategy that protects your future.