How Does Divorce Work in Michigan? A Step-by-Step Guide
Divorce can be a stressful and emotional process, but understanding how it works in Michigan can help you navigate it with confidence. If you are considering filing for divorce in Michigan, here’s everything you need to know about the process, including legal requirements, timelines, and important considerations.
Is Michigan a No-Fault Divorce State?
Yes, Michigan is a no-fault divorce state. This means that you do not need to prove that your spouse did anything wrong to file for divorce. Instead, one spouse must state that there has been a breakdown in the marriage with no reasonable likelihood of reconciliation. However, fault may still play a role in property division, spousal support, and child custody.
Who Can File for Divorce in Michigan?
To file for divorce in Michigan, you or your spouse must meet the following residency requirements:
You must have lived in Michigan for at least 180 days before filing.
You must have lived in the county where you are filing for at least 10 days before submitting the divorce petition.
Step-by-Step Guide to Divorce in Michigan
Step 1: Filing for Divorce
The divorce process begins when one spouse (the plaintiff) files a Complaint for Divorce in the Circuit Court of the county where they reside. This document outlines the request for divorce and any initial requests regarding child custody, spousal support, and property division.
Step 2: Serving the Divorce Papers
Once the complaint is filed, the plaintiff must serve the other spouse (the defendant) with the divorce papers. This can be done through:
Personal service (delivered in person)
Certified mail with return receipt
Process server or sheriff
The defendant then has 21 days (if served in person) or 28 days (if served by mail or outside Michigan) to file a response.
Step 3: Temporary Orders (If Needed)
Either spouse can request temporary orders to address immediate concerns such as:
Child custody and parenting time
Child support
Spousal support (alimony)
Use of marital assets (such as the home or vehicles)
These orders remain in effect until the final divorce judgment is issued.
Step 4: Negotiating a Settlement or Going to Trial
Couples may reach a divorce agreement through mediation, negotiation, or collaborative divorce. If they cannot agree, the case goes to trial, where a judge will decide on:
Property and debt division
Child custody and support
Spousal support (if applicable)
Step 5: Waiting Period
Michigan law requires a waiting period before a divorce can be finalized:
No minor children: A minimum of 60 days from the date of filing.
With minor children: A minimum of 6 months, though this can be shortened under special circumstances.
Step 6: Finalizing the Divorce
Once all issues are resolved, a Judgment of Divorce is signed by the judge, officially ending the marriage. The terms of the judgment must be followed, including custody arrangements, financial agreements, and any court orders.
Key Considerations in a Michigan Divorce
Property Division
Michigan follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. Courts consider factors such as the length of the marriage, each spouse’s contributions, and earning potential.
Child Custody & Support
The court determines child custody based on the best interests of the child. Michigan law encourages joint custody when possible. Child support is calculated using state guidelines based on parental income, the number of children, and custody arrangements.
Spousal Support (Alimony)
Alimony is not automatic but may be awarded based on factors like the length of the marriage, income disparity, and financial needs. Learn more about how spousal support works in Michigan.
Do You Need a Lawyer for Divorce in Michigan?
While you can file for divorce on your own, hiring an experienced Michigan divorce attorney can help protect your rights, especially in cases involving children, high assets, or disputes over property division. If you need guidance, schedule a consultation with our team today.
Final Thoughts
Divorce is never easy, but understanding the Michigan divorce process can help you prepare for what’s ahead. Whether you are considering filing or have already started the process, it’s important to know your rights and options. For more information on Michigan family law, visit our Divorce & Family Law Resources page.
Ready to Take the Next Step?
If you have questions about your Michigan divorce, contact Legacy Legal & Business Service PLC today at (616) 681-0100 for a free confidential consultation. Our team is here to help you navigate this difficult time with confidence and clarity. You can also visit our website www.legacylegalbusiness.com to schedule.