Divorce Laws In Michigan (2026): Your Complete Breakdown

Most people don’t realize how different Michigan’s divorce laws are from other states. Seriously. The waiting periods alone can surprise you. But if you’re going through a divorce in Michigan, understanding these laws isn’t optional. It’s essential. Let’s break down exactly what you need to know.

Michigan makes divorce more accessible than many states. You don’t need to prove your spouse did anything wrong. The state uses what’s called “no-fault” divorce. But that doesn’t mean the process is simple or quick.

What Is No-Fault Divorce in Michigan?

Michigan is a pure no-fault divorce state. You don’t have to prove adultery, abuse, or abandonment. You just need to say the marriage broke down. The official language is that there’s been “a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed.”

Pretty straightforward, right?

Here’s the deal. You file a complaint. You use that specific language. That’s it. Your spouse can’t stop the divorce by refusing to agree. Even if they fight every other issue, the divorce itself will happen.

But wait, there’s a twist. While Michigan doesn’t require fault to grant a divorce, judges can still consider fault. They might look at behavior when deciding about property division. They might factor it into spousal support decisions. So fault can matter, just not for the divorce itself.

Basic Residency Requirements

You can’t just move to Michigan and immediately file for divorce. There are rules.

Either you or your spouse must live in Michigan for at least 180 days before filing. That’s about six months. You also need to live in the county where you’re filing for at least 10 days.

Wondering if this applies to you?

Let’s say you moved to Michigan three months ago. You can’t file yet. You need to wait another three months. But if your spouse already lived in Michigan for six months, you can file right now in their county.

There’s an exception to the 10-day county rule. If you have minor children and your spouse might take them out of the country, you can file in any Michigan county. You just need to meet the state residency requirement.

Mandatory Waiting Periods

Hold on, this part is important.

Michigan has mandatory waiting periods before your divorce can be finalized. These aren’t optional. They’re built into the law.

Without Children

If you don’t have minor children, the waiting period is 60 days. That’s the minimum time from filing to finalizing your divorce. Even if you and your spouse agree on everything, you still wait 60 days.

This waiting period cannot be waived. Not for any reason.

With Children

If you have minor children under 18, the waiting period jumps to 180 days. That’s six months. The court wants to ensure custody and support arrangements are thoroughly considered.

But wait, it gets better. This longer waiting period can be shortened. The judge can waive it if you show “unusual hardship or compelling necessity.” Both spouses usually need to agree. They need to show it’s in the children’s best interests.

What counts as unusual hardship? Maybe financial crisis. Maybe a job relocation that can’t wait. Maybe safety concerns. It varies by judge and situation.

You’ll need to file a motion asking to waive the waiting period. Explain your hardship clearly. Provide evidence. The judge decides.

Understanding Marital vs. Separate Property

Dividing property can get complicated. Michigan law splits property into two categories. Understanding this is crucial.

Marital Property

Marital property is anything acquired during the marriage. It doesn’t matter whose name is on the title. It doesn’t matter who bought it. If you got it while married, it’s marital property.

Examples include:

Your house (even if only one name is on the deed)
Cars purchased during marriage
Retirement accounts and pensions
Bank accounts
Business interests
Furniture and household items

Here’s something many people miss. If you earned a bonus or commission while married, it’s marital property. Even if you don’t receive it until after filing for divorce. Yep, that’s how it works.

Separate Property

Separate property stays with whoever owns it. This includes:

Property owned before marriage
Inheritances received by one spouse
Gifts given specifically to one spouse
Property acquired after separation

Sound complicated? It can be.

The tricky part is commingling. Let’s say you inherited $50,000. You kept it in a separate account. That’s your separate property. But if you deposited it into a joint account with marital funds, you might have a problem. You’ve commingled it. Now it might be considered marital property.

How Michigan Divides Property

Michigan uses “equitable distribution.” Fair doesn’t necessarily mean equal. It means what the court thinks is fair based on your circumstances.

Most courts aim for a 50-50 split. But judges can divide property differently if it seems fairer. They consider several factors:

Length of the marriage
Each spouse’s contributions to the marriage
Age and health of each spouse
Each spouse’s earning ability
Who will have custody of the children
Past relationships and conduct

Longer marriages typically get closer to 50-50 splits. Shorter marriages might split differently. If one spouse brought significantly more assets into the marriage, that might affect the division.

Not sure what counts as fair? The judge decides based on your specific situation.

Dealing With Debt

Debt gets divided too. And yes, this matters just as much as dividing assets.

Debts incurred before marriage usually stay with whoever incurred them. Student loans from before marriage? Those are typically your separate debt.

Debts during marriage are usually marital debt. This includes:

Mortgages
Car loans
Credit card debt
Medical bills

Here’s where it gets interesting. Some debts might not be considered marital even if incurred during marriage. Gambling debts? Probably not marital. Money spent on an affair? Definitely not marital. Restitution payments from a criminal conviction? Also not marital.

The spouse who keeps an asset usually takes the debt attached to it. Keep the house? You probably get the mortgage too.

Spousal Support (Alimony)

Not every divorce involves spousal support. Actually, most don’t. If both spouses can support themselves, there’s probably no alimony.

But if one spouse needs financial help, the court might order spousal support. Michigan has no formula for calculating this. Judges have broad discretion.

Factors for Spousal Support

Judges consider many factors:

Length of the marriage
Age and health of both spouses
Standard of living during marriage
Each spouse’s earning ability
Contributions to the marriage (including homemaking)
Each spouse’s ability to pay
Whether one spouse sacrificed career for the family
Conduct during the marriage

Honestly, this is one of the most unpredictable parts of Michigan divorce law.

Some judges might use the child support formula as a starting point. They adjust from there. Others use different methods. Generally, longer marriages are more likely to result in spousal support awards.

Types of Spousal Support

Temporary support helps during the divorce process. It ends when the divorce is final.

Rehabilitative support gives one spouse time to become self-sufficient. Maybe they need to finish education. Maybe they need job training. This support has an end date.

Permanent support continues indefinitely. It’s rare. Usually reserved for long marriages where one spouse can’t become self-sufficient due to age or disability.

Support typically ends if the recipient remarries. It also ends if either spouse dies. Unless you have a different agreement in your divorce papers.

Can Spousal Support Be Modified?

Yes. But you need to show a significant change in circumstances. Job loss might qualify. Serious illness might qualify. The recipient spouse moving in with a new partner might affect the amount.

You’ll need to file a motion with the court. Explain what changed. Provide evidence. The judge decides whether modification is warranted.

Child Custody and Parenting Time

If you have minor children, custody becomes a central issue. Michigan prioritizes the children’s best interests. Always.

The state presumes it’s best for children to have strong relationships with both parents. Judges start from this presumption unless there’s evidence otherwise.

Types of Custody

Legal custody means decision-making authority. Medical decisions. Educational choices. Religious upbringing. Parents often share joint legal custody.

Physical custody determines where the child lives. One parent might have primary physical custody. Or parents might share physical custody more equally.

You’re not alone if this confuses you. It confuses a lot of people.

Best Interest Factors

Michigan law lists specific factors judges must consider:

Love and emotional ties between parent and child
Each parent’s ability to provide necessities
Length of time the child has lived in a stable environment
Permanence of the proposed home
Moral fitness of each parent
Mental and physical health of everyone involved
Child’s home, school, and community record
Child’s preference (if old enough)
Parent’s willingness to facilitate the child’s relationship with the other parent
History of domestic violence

That last factor is crucial. Willingness to support the child’s relationship with the other parent matters enormously. Bad-mouthing your ex to the kids? That can hurt your case.

Child Support

Child support is more straightforward than most issues. Michigan uses a formula based on both parents’ incomes.

The formula considers:

Both parents’ gross incomes
Number of children
Parenting time percentage
Health insurance costs
Childcare expenses

The Michigan Child Support Formula calculates a baseline amount. The parents’ parenting time splits this amount between them. More parenting time typically means lower support payments.

You can agree to a different amount. But the judge must approve it. If the judge thinks your agreement isn’t in the children’s best interests, they can reject it.

Special Circumstances

Some situations require extra consideration. Let’s look at a few.

Divorces After 10+ Years

Marriages lasting 10 years or more have special implications. An ex-spouse may claim up to half of the other’s Social Security benefits. They might also claim workers’ compensation benefits and military pension benefits.

This doesn’t reduce what the earning spouse receives. It’s an additional benefit for the ex-spouse.

Pregnancy During Divorce

If either spouse is pregnant during divorce, complications arise. The judge might wait to finalize the divorce until after birth. This ensures custody, parenting time, and support provisions are complete.

In opposite-sex marriages, the husband is presumed the legal father of any child conceived during marriage. Even if he’s not the biological father. To challenge this, someone must file a motion to determine paternity. But you must wait until the child is born.

Domestic Violence

Cases involving domestic violence require special handling. Courts take safety seriously. If there’s a history of abuse, it affects custody decisions. It might affect property division. It can influence spousal support.

Victims can request protective orders. They can ask that exchanges of children happen in safe locations. The court prioritizes safety over convenience.

Contested vs. Uncontested Divorce

Understanding the difference helps you know what to expect.

Uncontested Divorce

Both spouses agree on everything. Property division? Agreed. Custody? Agreed. Support? Agreed. These divorces move faster. They cost less. They’re less stressful.

You still need court approval. The judge reviews your agreement. If everything seems fair and legal, they approve it. After the waiting period, you’re divorced.

Contested Divorce

You disagree on major issues. Maybe it’s custody. Maybe property. Maybe support. These divorces take longer. They cost more. They’re emotionally draining.

You’ll probably go through mediation. Michigan courts often require it, especially with children involved. A neutral mediator helps you negotiate. If mediation fails, you go to trial. The judge decides everything you couldn’t agree on.

The Divorce Process Step by Step

Let’s walk through how this actually works.

Filing the Complaint

One spouse files a Complaint for Divorce with the circuit court. You include basic information. Names. Children. Marriage date. Separation date. The statement about breakdown of the marriage.

You pay a filing fee. The amount varies by county. You also file a Summons.

Serving Your Spouse

Your spouse must be officially notified. This is called “service of process.” Someone over 18 who’s not you delivers the papers. Or you can use certified mail.

Your spouse has 21 days to respond if served in person. They have 28 days if served by mail or out of state.

Your Spouse’s Response

If they want to participate, they file an Answer. They say what they agree with. They say what they disagree with.

If they don’t respond, they’re in default. You can proceed without their input. But the judge still reviews everything for fairness.

Discovery

Both sides exchange information. Financial records. Asset documentation. Debt information. This helps ensure full disclosure.

Hiding assets is a terrible idea. If caught, the judge can award the entire hidden asset to the other spouse. Even after the divorce is final.

Mediation

If you have children or can’t agree on issues, you’ll likely attend mediation. An Early Intervention Conference with a Friend of the Court referee happens first. Then formal mediation.

In Oakland, Macomb, and Wayne Counties, mediation is mandatory before trial if you can’t settle.

Settlement or Trial

If you reach agreement, you draft a settlement. The judge reviews and approves it. If you can’t agree, you go to trial. You present evidence. The judge decides.

Final Hearing

After the waiting period and resolution of all issues, you have a final hearing. Usually brief. The judge reviews everything. They sign the Judgment of Divorce.

Now you’re officially divorced.

How Long Does It Really Take?

Minimum timelines depend on children. Without children? At least 60 days. With children? At least 180 days.

But most divorces take longer. Disagreements add time. Complex assets add time. Busy court schedules add time. Discovery takes time. Mediation takes time.

An uncontested divorce with children might finish in six to eight months. A contested divorce with significant assets? Could take a year or more. Complex custody battles? Sometimes longer.

Stay with me here. Planning helps. The more organized you are, the faster things move.

Common Mistakes to Avoid

Don’t hide assets. The consequences are severe. Total transparency is essential.

Don’t use children as pawns. It hurts them. It hurts your case. Judges notice and care.

Don’t make major financial decisions alone. Selling the house? Cashing out retirement accounts? Check with your lawyer first.

Don’t post about your divorce on social media. Everything can be used in court. Everything.

Don’t ignore temporary orders. Court orders during divorce are enforceable. Violation can mean contempt charges.

Do You Need a Lawyer?

Technically, you can represent yourself. It’s called “pro se” divorce. The court procedures are the same whether you have a lawyer or not.

But here’s my honest opinion. Divorce law is complicated. The stakes are high. Your property. Your children. Your financial future. Small mistakes can have big consequences.

For simple, uncontested divorces without children or significant assets? Maybe you can handle it. For anything else? Seriously consider hiring a lawyer.

If you can’t afford a lawyer, look into legal aid. Many areas have free or low-cost legal services for people with limited income. Limited scope representation is another option. The lawyer handles specific parts while you handle the rest.

Cost Considerations

Divorce costs vary enormously. Filing fees alone range from $150 to $300, depending on county. Attorney fees? They vary even more.

Uncontested divorces are least expensive. Maybe $1,000 to $5,000 total. Contested divorces cost more. Average might be $10,000 to $30,000. Complex cases with extensive assets or custody battles? Could exceed $50,000.

Mediation costs money but usually less than litigation. Experts like appraisers cost money. The longer it takes, the more it costs.

Life After Divorce

The Judgment of Divorce is legally binding. It’s enforceable like any other court order.

If your ex violates the order, you can file a motion for contempt. The Friend of the Court helps monitor support payments. They can take enforcement action.

You might need additional documents for some property transfers. Retirement accounts need a Qualified Domestic Relations Order (QDRO). Real estate might need a quit claim deed.

Keep copies of everything. You might need them later.

How to Move Forward

Getting divorced is tough. Emotionally draining. Financially stressful. But thousands of people navigate Michigan’s divorce process every year.

Take it step by step. Organize your paperwork. Understand your rights. Make informed decisions. Focus on what matters most to you.

If you have children, prioritize their wellbeing. They didn’t choose this. Help them adjust. Maintain routines where possible. Keep conflict away from them.

Consider counseling. For you. For your children if needed. Divorce is a major life transition. Support helps.

Frequently Asked Questions

Can I get divorced if my spouse doesn’t agree?

Yes. Michigan is a no-fault state. Your spouse cannot prevent the divorce by refusing to agree. They can contest issues like property division or custody, but the divorce itself will happen.

Do I have to be separated before filing?

No. Michigan has no separation requirement. You can file for divorce while still living together.

What if my spouse lives in another state?

No problem. Michigan allows service to out-of-state spouses. They just have more time to respond.

Can I change my name during divorce?

Yes. You can request a name change in your divorce judgment. The court typically approves it without additional proceedings.

What if we reconcile after filing?

You can dismiss your divorce case if you both agree. File a motion to dismiss. But if you split again, you start over from scratch.

Final Thoughts

Now you know the basics of Michigan divorce law. The waiting periods. The property division rules. The custody factors. The support considerations.

Every divorce is unique. Your situation has specific details that matter. General information helps you understand the landscape. But specific legal advice for your circumstances? That comes from a lawyer who knows your case.

If you’re facing divorce, take a deep breath. You’ll get through this. One step at a time.