By Neta, founder of SortMyDivorce · Published · Updated
180 days in Michigan and 10 days in your filing county, then 60 days — or 6 months if there are minor children. Michigan offers separate maintenance rather than legal separation.
Michigan divorce runs on state family law with its own rhythm — a no-fault filing, an equitable (not automatically equal) property split, and a waiting period that changes if you have minor children.
| Residency requirement | At least one spouse must have lived in Michigan for 180 days immediately before filing, and in the filing county for at least 10 days. If the reason for the divorce happened outside Michigan, one spouse must have lived in the state for a full year first. |
|---|---|
| Grounds | No-fault only — there is no fault-based ground. You state 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.' |
| Waiting period | 60 days minimum from filing if there are no minor children; 6 months (180 days) minimum if there are minor children. The court cannot finalize the divorce before this period ends. |
| Legal separation | Michigan does not offer legal separation. It offers separate maintenance instead — a court action that can settle support and, depending on the case, related issues, while leaving the marriage in place. It generally will not divide marital property; that still takes a divorce. |
| If you were never married | Michigan does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | The Family Division of Circuit Court in the county where you or your spouse has lived for at least 10 days. |
| Filing fee | Payable when you file your opening divorce document. Set by regulation and revised from time to time. A fee waiver is available if you cannot afford it. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Summons (MC 01) and a Complaint for Divorce, plus a Confidential Case Inventory (MC 21). If minor children or support are involved, you'll also need a Verified Statement (FOC 23) and, if custody is at issue, a UCCJEA Affidavit (MC 416). |
| Simplified option | Michigan Legal Help's free 'Do-It-Yourself Divorce' tool prepares your starting forms, and an uncontested case can end by default or consent judgment without a trial if your spouse doesn't contest it or you both agree on terms. |
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Michigan is a no-fault divorce state: the Complaint for Divorce only needs to state that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed. You generally don't need to prove wrongdoing, though conduct can still matter when a court divides property or considers support. Property division in Michigan follows equitable distribution, not community property — courts aim for a fair split based on factors like the length of the marriage, each spouse's contributions, age, health, and needs, which can mean a 50/50 split or something else depending on the facts. Property either spouse brought into the marriage, or received individually as a gift or inheritance, is often treated as separate, though it can become part of the marital estate depending on how it was used or mixed with joint assets.
Cases are filed in the Circuit Court, Family Division, in the county where a spouse lives. To file, generally one spouse must have lived in Michigan for 180 days (about six months) and in the filing county for 10 days immediately before filing — confirm the current residency rule with the court or a local attorney, since it matters for where you can start the case. Michigan also has a mandatory waiting period before a judgment can be entered: at least 60 days from filing if there are no minor children of the marriage, and at least 180 days if there are minor children, though a court can shorten the longer period in some circumstances. That waiting period is a floor, not a target — many Michigan cases take considerably longer once disclosure and negotiation are underway.
Start a disclosure binder early, since Michigan divorces run on financial transparency and being organized is one of the few advantages that costs nothing. Collect recent tax returns, pay statements, and statements for every bank, retirement, investment, and pension account. Add property tax records and mortgage or lease documents for any real estate, vehicle titles and loan statements, and a list of debts including credit cards and loans in either spouse's name. If a business is involved, gather whatever financial records exist for it, since business valuation is a common flashpoint in Michigan cases.
If you're claiming that certain property should stay separate — something owned before the marriage, an inheritance, or a personal gift — pull the paper trail now: the original purchase or deposit records and anything showing the asset stayed apart from joint funds. Keep every letter from opposing counsel or the other party as it arrives; in Michigan, correspondence often carries proposed terms, disclosure requests, and deadlines that shape how the case moves, and a complete record matters if the case reaches mediation or a judge.
Child support in Michigan is calculated using the Michigan Child Support Formula, which weighs both parents' incomes and the parenting time schedule. Custody and parenting time decisions are guided by the best interests of the child factors set out in Michigan law, covering things like each parent's history of care, stability, and ability to provide a safe environment — courts generally favor specific, workable parenting plans over vague proposals. Spousal support (alimony) in Michigan isn't formula-driven the way child support is; it's discretionary and based on factors like the length of the marriage, each spouse's earning ability, and standard of living, so expect more variability and negotiation on that front.
Michigan has no legal separation as such. What it has instead is separate maintenance, a court action available to a spouse who is living apart. It can put orders in place while the marriage continues, which is what most people are looking for when they ask about legal separation.
The limit worth understanding before relying on it is property. A separate maintenance order is generally not the mechanism for dividing marital assets — couples who need property divided usually still have to go through a divorce to get there.
The marriage itself continues throughout. Spouses can end the arrangement and reconcile, but neither can remarry without first obtaining a divorce.
Michigan does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Build your financial disclosure binder before positions harden — it's the single most useful head start available. 2) Get at least one consultation with a Michigan family law attorney early, even if you plan to handle parts of the case yourself; Michigan procedure has county-specific quirks worth knowing upfront. 3) Note your county's residency and filing requirements and confirm them on your county Circuit Court's website, since local rules and forms vary. 4) If there are minor children, plan around the longer 180-day timeline rather than the 60-day floor, so scheduling and expectations stay realistic. 5) From the very first letter, track who proposed what and by when — Michigan cases often move through several rounds of correspondence before anything reaches court, and that record is easy to lose track of under stress.
One spouse must have lived in Michigan for 180 days before filing and in the county of filing for at least 10 days. If the marriage breakdown happened outside Michigan, that residency requirement extends to one full year.
Draft a Complaint for Divorce and a Summons (form MC 01). Michigan Legal Help's free Do-It-Yourself Divorce tool will generate these along with instructions based on your situation, including whether you have minor children.
Fill out a Confidential Case Inventory (MC 21) for every case. If you have minor children or are requesting support, add a Verified Statement (FOC 23); if custody or parenting time is contested, also complete a UCCJEA Affidavit (MC 416).
File your paperwork with the circuit court clerk in the qualifying county, and pay the filing fee (check the court's current fee schedule). If you can't afford it, file a Fee Waiver Request (MC 20).
Have your spouse formally served with the Summons and Complaint by an authorized process server, sheriff, or by having them sign an Acknowledgment of Service. Proper service starts their time to respond.
The court cannot finalize your divorce until at least 60 days after filing if you have no minor children, or 6 months if you do. Use this time to exchange financial information and, if needed, negotiate custody, support, and property terms.
If you and your spouse agree, you can submit a consent judgment. If not, the Friend of the Court office may get involved for custody/support recommendations, and unresolved issues proceed toward a hearing or trial.
Once the waiting period has passed and all issues are resolved (by agreement, default, or trial), the judge signs a Judgment of Divorce, which legally ends the marriage.
A Record of Divorce or Annulment (state form DCH-0838) is filed with the judgment for state vital records. Keep certified copies of your judgment for name changes, benefits, and other post-divorce needs.
No. Michigan uses equitable distribution, meaning courts divide marital property fairly based on the circumstances, which is not always a 50/50 split. Property owned before the marriage or received individually as a gift or inheritance is often treated separately, subject to how it was used during the marriage.
Michigan law sets a waiting period before a judgment can be entered: at least 60 days from filing if there are no minor children, and at least 180 days if there are. This is a minimum, not a typical timeline — confirm current details with your county Circuit Court.
Divorce cases are filed in the Circuit Court, Family Division, generally in the county where you or your spouse lives, subject to residency requirements. Check your county court's website for current filing rules and forms.
Not under that name. Michigan does not offer legal separation, but it does offer separate maintenance — a court action available while the spouses live apart, which can put support and related orders in place without ending the marriage. It generally will not divide marital property, so couples who need assets divided typically still need a divorce. Because the marriage continues, neither spouse can remarry without one.
No. Michigan does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. For support with domestic violence, contact VOICES4 at 1-855-864-2374 — call or text, 24/7. Nationally you can also reach the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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