The Michigan Divorce Process: From Filing to Final Judgment

Deciding to end your marriage is one of the most difficult choices you’ll ever make. Once you’ve made that decision, understanding what comes next can help reduce some of the anxiety. The divorce process in Michigan follows a structured path, and knowing what to expect at each stage makes the journey more manageable.

Michigan is a no-fault divorce state, which simplifies some aspects of the process. But that doesn’t mean divorce is quick or easy. There are legal requirements, waiting periods, and decisions about property, support, and children that take time to resolve.

At Boroja, Bernier & Associates, we guide clients throughout Southeast Michigan through every stage of the divorce process. Here’s a comprehensive overview of what to expect from filing to final judgment.

Michigan’s No-Fault Divorce Standard

Michigan eliminated fault-based divorce decades ago. Today, you don’t need to prove your spouse did something wrong to end your marriage. Under MCL 552.6, the only ground for divorce in Michigan 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.”

In practical terms, this means one spouse simply needs to testify that the marriage has broken down and cannot be saved. The other spouse cannot prevent the divorce by contesting this claim. If one person wants out, the marriage will end.

This doesn’t mean fault is completely irrelevant. While fault won’t prevent a divorce from happening, a spouse’s conduct during the marriage—affairs, financial misconduct, domestic violence—can still influence decisions about property division, spousal support, and custody. But these are separate considerations from whether the divorce itself will be granted.

Residency Requirements: Who Can File in Michigan

Before filing for divorce in Michigan, at least one spouse must meet the state’s residency requirements.

State residency: One spouse must have lived in Michigan for at least 180 days (about six months) before filing.

County residency: The spouse filing must have lived in the county where they’re filing for at least 10 days before submitting the paperwork.

If you recently moved to Michigan, you’ll need to wait until you meet these requirements. Filing too early can result in your case being dismissed.

There’s one exception: if the defendant (the spouse who didn’t file) was born in Michigan or has lived here for at least 180 days, you can file immediately regardless of your own residency duration.

Step 1: Filing the Complaint for Divorce

The divorce process officially begins when one spouse—the plaintiff—files a Complaint for Divorce with the circuit court in the county where either spouse lives.

The complaint is a legal document that:

Identifies both spouses and any minor children
States that residency requirements are met
Alleges that the marriage has broken down
Requests relief (what the filing spouse wants regarding property, support, custody, etc.)

Along with the complaint, you’ll typically file a summons, which formally notifies the other spouse that divorce proceedings have begun.

Filing fees vary by county but typically range from $175 to $300. If you cannot afford the fee, you can request a fee waiver based on financial hardship.

Step 2: Serving Your Spouse

After filing, the complaint and summons must be formally delivered to your spouse—a process called “service of process.” Michigan requires proper service to ensure your spouse knows about the case and has an opportunity to respond.

Service can be accomplished by:

A process server or sheriff’s deputy personally delivering documents to your spouse
Certified mail with acknowledgment of receipt
Other methods approved by the court if personal service isn’t possible

Your spouse then has 21 days (28 days if served by mail or outside Michigan) to file a response. If they don’t respond, you may be able to proceed with a default judgment—though courts generally prefer both parties to participate.

Step 3: Waiting Periods

Michigan imposes mandatory waiting periods before a divorce can be finalized. These waiting periods cannot be waived, even if both spouses agree to everything.

Divorces without minor children: Minimum 60-day waiting period from the date of filing.

Divorces with minor children: Minimum 180-day waiting period from the date of filing. This longer period gives parents time to work out custody arrangements and ensures decisions about children aren’t rushed.

In limited circumstances involving unusual hardship, courts can shorten the 180-day waiting period for cases involving children—but this requires a specific motion and judicial approval. It’s not automatic.

These are minimum periods. Complex cases often take longer. The average contested divorce in Michigan takes 8 to 24 months or more, depending on how many issues need to be resolved and how cooperative the parties are.

Step 4: Temporary Orders

Divorce cases often take months to resolve. In the meantime, decisions need to be made about where the children live, who pays the bills, and who stays in the house. Temporary orders address these immediate needs while the case is pending.

Either spouse can request temporary orders for:

Temporary custody and parenting time — Establishing where children will live and when each parent will have time with them during the divorce process

Temporary child support — Ensuring children’s needs are met while the case proceeds

Temporary spousal support — Providing financial assistance to a lower-earning spouse during the divorce

Exclusive use of the marital home — Determining which spouse will remain in the house

Restraining orders — Preventing either spouse from hiding assets, running up debt, or taking other harmful actions

Temporary orders remain in effect until the final judgment is entered or the court modifies them.

Step 5: Discovery

Discovery is the formal process of gathering information about assets, debts, income, and other relevant matters. Both spouses are entitled to know what’s at stake before agreeing to a settlement or going to trial.

Common discovery tools include:

Interrogatories — Written questions that must be answered under oath

Requests for production — Demands for documents like bank statements, tax returns, retirement account statements, and business records

Depositions — In-person questioning under oath, recorded by a court reporter

Subpoenas — Orders requiring third parties (banks, employers, etc.) to produce records

Discovery ensures both parties have complete financial information. This is especially important when one spouse handled most of the finances during the marriage or when there are concerns about hidden assets.

Not every case requires extensive discovery. When both spouses are forthcoming and the financial picture is straightforward, discovery may be minimal. Complex cases with businesses, substantial assets, or suspicions of hidden property require more thorough investigation.

Step 6: Negotiation and Settlement

Most Michigan divorces settle without going to trial. Settlement allows both parties to control the outcome rather than leaving decisions to a judge.

Negotiation can happen directly between spouses, through attorneys, or with the help of a mediator. Issues to resolve include:

Division of marital property and debt
Spousal support (whether it’s appropriate, how much, and for how long)
Child custody and parenting time
Child support

Mediation is a popular option in Michigan. A neutral mediator helps both parties find common ground. Mediation is typically faster, less expensive, and less adversarial than litigation. Many Michigan courts require mediation for contested custody cases before allowing a trial.

Once an agreement is reached, it’s put in writing as a consent judgment or settlement agreement. Both parties sign, and the agreement is submitted to the court for approval.

Step 7: Trial (If Necessary)

When spouses can’t agree on one or more issues, the case goes to trial. A judge hears evidence and testimony, then makes decisions on the disputed matters.

Trials involve:

Opening statements from each side
Presentation of evidence (documents, financial records, appraisals)
Witness testimony (including the spouses themselves, and possibly experts like appraisers, custody evaluators, or financial analysts)
Cross-examination
Closing arguments

After considering all evidence, the judge issues rulings on property division, support, custody, and other contested issues. These decisions become part of the final judgment.

Trials are expensive and time-consuming. They also take decision-making power out of your hands. Whenever possible, settling is usually in both parties’ best interests.

Step 8: Final Judgment of Divorce

The divorce is complete when the court enters a Judgment of Divorce. This document:

Officially ends the marriage
Divides property and debts
Establishes custody, parenting time, and child support
Awards spousal support (if applicable)
Restores either party’s former name (if requested)

Once the judgment is entered, you’re legally divorced. You can remarry, and the terms of the judgment become enforceable court orders.

Keep your judgment of divorce in a safe place. You’ll need it for various purposes—updating your name, refinancing property, dealing with retirement accounts, and more.

Common Challenges and Delays

Even straightforward divorces can encounter obstacles. Being prepared for potential challenges helps you navigate them.

Uncooperative spouse. If your spouse refuses to respond, hides assets, or drags out proceedings, the process takes longer and costs more. Courts have tools to address non-cooperation, but they add time.

Complex assets. Businesses, professional practices, stock options, pensions, and other complex assets require valuation. This often means hiring experts, which adds cost and time.

Custody disputes. When parents can’t agree on custody, courts may order evaluations, appoint guardians ad litem, or require additional hearings. Contested custody significantly extends timelines.

Emotional factors. Divorce is emotionally charged. Anger, hurt, and the desire for “fairness” can lead parties to fight over issues that aren’t worth the cost. Keeping perspective helps.

Court backlogs. Michigan courts have varying caseloads. Some counties move faster than others. Scheduling hearings and trials depends on court availability.

Frequently Asked Questions About Michigan Divorce

How long does a divorce take in Michigan?

The minimum is 60 days without minor children or 180 days with minor children. In practice, uncontested divorces typically take 3 to 4 months, while contested cases often take 8 to 24 months or longer depending on complexity.

Can I get divorced without an attorney in Michigan?

Technically, yes. You can represent yourself (called appearing “pro se”). However, divorce involves complex legal and financial issues. Mistakes can be costly and difficult to fix. Most people benefit from at least consulting with an attorney, even if they handle some aspects themselves.

What does an uncontested divorce cost in Michigan?

For simple uncontested divorces, attorney fees might range from $4,000 to $6,000, plus filing fees. Contested divorces with custody disputes or substantial assets can cost $15,000 to $30,000 or more depending on complexity and how long disputes continue.

Can I date during my divorce in Michigan?

Legally, Michigan doesn’t prohibit dating during divorce. However, it can complicate matters—affecting spousal support decisions, creating conflict with your spouse, and potentially impacting custody if the relationship affects your children.

What if my spouse won’t sign the divorce papers?

Your spouse cannot prevent the divorce by refusing to participate. If they don’t respond to the complaint, you can seek a default judgment. If they respond but won’t agree to terms, the case proceeds to trial where a judge makes the decisions.

Take the Next Step: Get Guidance Through Your Divorce

Divorce is a journey no one wants to take alone. Understanding the process helps, but having experienced guidance makes all the difference in protecting your interests and reaching a fair resolution.

At Boroja, Bernier & Associates, our family law attorneys help clients in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan navigate every stage of divorce. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to guide you through this difficult time.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you understand your options and take the first steps toward your next chapter.