Michigan
Michigan Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 4 primary sources cited on this page. How we verify our legal content
Michigan is a no-fault-only state: the only ground for divorce is breakdown of the marriage relationship with no reasonable likelihood it can be preserved (MCL 552.6). Either spouse must have lived in Michigan for 180 days and in the filing county for 10 days before filing, and no prior separation is required.
Grounds for divorce in Michigan
Michigan is a no-fault-only divorce state. The sole statutory ground is that there has been a breakdown of the marriage relationship with no reasonable likelihood that the marriage can be preserved (MCL 552.6). Neither spouse needs to prove wrongdoing. There are no fault grounds such as adultery or cruelty; the plaintiff simply states the no-fault ground in the complaint and the court accepts it.
Because Michigan eliminated fault grounds entirely, a spouse cannot defeat a divorce by refusing to agree. The court will not deny a divorce simply because one party opposes it. Evidence of misconduct is generally not admissible to affect the divorce itself, though a court may consider the behavior of each party in dividing property or awarding alimony (called "spousal support" in Michigan).
This makes Michigan one of the cleaner no-fault frameworks in the country. If you want out of the marriage, you do not need to gather evidence of fault or assign blame to move the case forward.
Residency requirement
Before a Michigan court can grant a judgment of divorce, either the plaintiff or the defendant must have resided in Michigan for at least 180 days immediately preceding the filing of the complaint, and must have resided in the county where the complaint is filed for at least 10 days immediately preceding filing (MCL 552.9(1)).
The 10-day county requirement has one statutory exception. Under MCL 552.9(2), a person may file in any Michigan county without meeting it if all three of the following are true and are set out in the complaint: the defendant was born in, or is a citizen of, a country other than the United States; the parties have a minor child or children; and there is information that would allow the court to reasonably conclude the child or children are at risk of being taken out of the United States and retained in another country by the defendant. The 180-day state residency requirement has no comparable exception.
If neither party meets the 180-day state residency requirement, the court cannot grant a divorce judgment.
A separate rule applies when your spouse lives out of state. Under MCL 552.9f, if the defendant is not domiciled in Michigan when the suit is commenced, or was not domiciled here when the cause for divorce arose, no decree of divorce may be granted until the complainant proves either that the parties actually lived and cohabited together as husband and wife within Michigan, or that the complainant has in good faith resided in Michigan for 1 year immediately preceding the filing of the complaint.
Divorce cases in Michigan are heard in the Circuit Court, Family Division. You file in the circuit court for the county where either you or your spouse lives.
Waiting period and separation
Michigan requires a mandatory waiting period from the date of filing before a judge can enter a final divorce judgment. The length depends on whether you have minor children.
If there are no minor children of the marriage, no proofs or testimony may be taken until 60 days after the complaint is filed (MCL 552.9f). Where there are dependent minor children under 18, that period is 6 months from the day the complaint is filed. A court may take testimony earlier, on petition and proper showing, in cases of unusual hardship or such compelling necessity as appeals to the conscience of the court, but never sooner than 60 days after filing.
These periods are cooling-off clocks, not separation requirements. You do not need to live apart before or during the waiting period. Parties can continue living in the same home, negotiate a settlement, and finalize the divorce once the waiting period expires. The court simply cannot enter a final judgment until the period runs.
How property is divided
Michigan is an equitable distribution state, not a community property state. "Equitable" means fair given the circumstances, not automatically equal. A judge divides marital property after considering factors such as the length of the marriage, each party's contributions (including homemaking and child-rearing), the ages and health of each party, each party's earning ability, and the needs of the parties going forward.
Marital property generally includes everything acquired during the marriage regardless of whose name is on the title. Separate property, meaning assets owned before the marriage or received as gifts or inheritance during the marriage that were kept separate, is ordinarily not subject to division. Michigan courts do not routinely reach premarital property in shorter marriages, but the distinction between marital and separate property can blur in long marriages when assets were commingled.
If the parties reach a settlement, they can negotiate any division they agree is fair. If the case is contested, the judge applies the equitable-distribution factors above.
Alimony, custody, and child support
Michigan calls alimony "spousal support." A court may award spousal support to either spouse based on need, the length of the marriage, the standard of living during the marriage, each party's ability to earn, and the conduct of the parties. Misconduct (such as marital infidelity) can be a factor in spousal support even though it is not a ground for divorce.
Child custody and parenting time are determined under Michigan's Child Custody Act, which directs the court to decide based on the best interests of the child. Michigan recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Shared custody arrangements are common.
Child support is calculated using the Michigan Child Support Formula, which is based on each parent's income and the parenting-time schedule. Estimate your payment with our Michigan child support calculator. For more on these topics, see the Michigan alimony page at /us-laws/alimony/michigan-alimony-laws, the child custody page at /us-laws/child-custody/michigan-child-custody-laws, and the child support page on this site.
How to file for divorce in Michigan
Step 1: Confirm residency. Make sure you or your spouse has lived in Michigan for at least 180 days and in the filing county for at least 10 days before filing.
Step 2: File the complaint. File a Complaint for Divorce in the Circuit Court (Family Division) for your county. The complaint states the no-fault ground (breakdown of the marriage relationship with no reasonable likelihood it can be preserved) and lists any claims for property, spousal support, and custody if applicable. Pay the filing fee, which varies by county.
Step 3: Serve the defendant. You must serve the complaint and summons on your spouse according to Michigan court rules. Personal service by a process server or the county sheriff is standard. Your spouse then has 21 days (if served in Michigan) to file an answer.
Step 4: Exchange financial disclosures. Both parties must disclose their financial circumstances. The court may require detailed financial affidavits, particularly in cases involving property, support, or custody.
Step 5: Wait out the statutory period. The 60-day waiting period, or 6 months if there are dependent minor children under 18, begins on the date the complaint is filed. During this time, parties typically negotiate and draft a consent judgment of divorce if they can reach an agreement. That waiting period is the time to get the terms right, so have a Michigan family lawyer review the draft consent judgment in a free case evaluation before you sign it (attorney advertising).
Step 6: Attend hearings. If the divorce is uncontested, a brief final hearing confirms the parties' agreement and the judge enters the judgment. If contested, the case proceeds through pretrial conferences and, if necessary, trial.
Step 7: Receive the final judgment. Once the waiting period has run and all issues are resolved, the judge signs the Judgment of Divorce, which is the final order ending the marriage and specifying property division, support, and custody arrangements.
The Michigan Courts website at courts.michigan.gov provides self-help resources, including the standard court forms for divorce.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Michigan.
Related pages
More Michigan Laws
- Michigan Alimony Laws
- Michigan Child Custody Laws
- Michigan Child Support Laws
- Michigan Common Law Marriage Laws
- Michigan Restraining Order Laws
- Michigan Unclaimed Property
Frequently Asked Questions
How long does it take to get a divorce in Michigan?
The minimum is 60 days if there are no minor children (the mandatory waiting period from the filing date). If there are dependent minor children under 18, the minimum is 6 months, unless the court allows proofs earlier, and never before 60 days, for unusual hardship or such compelling necessity as appeals to the conscience of the court. Contested cases routinely take longer, sometimes a year or more if the case goes to trial.
How much does a divorce cost in Michigan?
Filing fees vary by county. Attorney costs depend heavily on whether the divorce is contested. A simple uncontested divorce handled by attorneys may cost a few thousand dollars; a fully litigated divorce with custody and property disputes can cost significantly more. Contact the Circuit Court in your county for the current filing fee.
Do I need a reason to divorce in Michigan?
No. Michigan has only one divorce ground: breakdown of the marriage with no reasonable likelihood it can be preserved. You do not need to prove fault, and neither spouse can block a divorce by disputing the ground.
Is Michigan a community property state?
No. Michigan is an equitable distribution state. A judge divides marital assets fairly based on circumstances such as each party's contributions, income, length of the marriage, and future needs. The division is not automatically 50/50.
How long do I have to be separated to get a divorce in Michigan?
Michigan does not require any separation period before filing. The 60-day or 6-month waiting period is a post-filing cooling-off clock, not a pre-filing requirement to live apart. You can file immediately and wait out the statutory period without leaving the marital home.
Can I get divorced without my spouse agreeing in Michigan?
Yes. Because Michigan is a no-fault-only state, one spouse cannot legally prevent a divorce. If your spouse does not respond to the complaint, the court can enter a default judgment. If your spouse contests property or custody, the court resolves those issues at trial, but the divorce itself will be granted.
Do I have to live in Michigan to file for divorce there?
One of you must. Either the plaintiff or the defendant must have resided in Michigan for at least 180 days, and in the filing county for at least 10 days, before the complaint is filed (MCL 552.9). The 10-day county requirement is waived if the defendant was born in or is a citizen of another country, the parties have a minor child, and there is information the child is at risk of being taken out of the country and retained there by the defendant. Separately, under MCL 552.9f, if your spouse is not domiciled in Michigan, no decree can be granted until you prove the parties actually lived together in Michigan or that you have in good faith resided here for 1 year before filing.
Updates
Corrected the waiting period for cases with dependent minor children to 6 months as MCL 552.9f states it, added the statutory exception to the 10-day county residency rule and the separate proof requirement that applies when a spouse is not domiciled in Michigan, and restored the compelling-necessity alternative for taking proofs early.
Fixed two citations: replaced Michigan Courts' defunct self-help divorce link with the current Domestic Relations forms page, and added a separate citation for MCL 552.9f (the waiting-period statute), which was previously only referenced in text but not linked.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Michigan Compiled Laws
§ 552.6Complaint for divorce; filing; grounds; answer; judgmentIn forcecited in 3 of our articles
(1) A complaint for divorce may be filed in the circuit court upon the allegation 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 the complaint the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language. (2) The defendant, by answer, may either admit the grounds for divorce alleged or deny them without further explanation. An admission by the defendant of the grounds for divorce may be considered by the court but is not binding on the court's determination. (3) The court shall enter a judgment dissolving the bonds of matrimony if evidence is presented in open court that there has been a breakdown in 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.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 47 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sparks v. Sparks (Michigan Supreme Court 1992, 440 Mich. 141)“…Id., p 8. Ante, p 158. 1971 PA 75 , MCL 552.6; MSA 25.86. See part n. C…”
- Houghton v. Keller (Michigan Court of Appeals 2003, 256 Mich. App. 336)“…an incompetent spouse. Defendant also contends that MCL 552.6 reserves the power to dissolve a marria…”
- State Bar v. Cramer (Michigan Supreme Court 1976, 399 Mich. 116)“…January 1, 1972, this state adopted a no-fault divorce law. MCLA 552.6; MSA 25.86. We agree with one suggestio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Legal Separation in Michigan: Separate Maintenance Explained (2026)
§ 552.9Judgment of divorce; residency requirement; exceptionIn forcecited in 2 of our articles
(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint. (2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint: (a) The defendant was born in, or is a citizen of, a country other than the United States of America. (b) The parties to the divorce action have a minor child or children. (c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Berger v. Berger (Michigan Court of Appeals 2008, 277 Mich. App. 700)“…atisfied the 10-day jurisdictional residency requirement of MCL 552.9(1). 1 We disagree.…”
- Teran v. Rittley (Michigan Court of Appeals 2015, 313 Mich. App. 197)“…Defendant asserts that MCL 722.714(1) is analogous to MCL 552.9(1), which is jurisdictional with respec…”
- Smith v. Smith (Michigan Court of Appeals 1996, 218 Mich. App. 727)“…Defendant claimed that the court lacked jurisdiction under MCL 552.9(1); MSA 25.89(1), because plaintiff was…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 552.9fDivorce; taking of testimony; minor children; perpetuating testimony; nonresident defendant, residence of plaintiffIn forcecited in 2 of our articles
No proofs or testimony shall be taken in any case for divorce until the expiration of 60 days from the time of filing the bill of complaint, except where the cause for divorce is desertion, or when the testimony is taken conditionally for the purpose of perpetuating such testimony. In every case where there are dependent minor children under the age of 18 years, no proofs or testimony shall be taken in such cases for divorce until the expiration of 6 months from the day the bill of complaint is filed. In cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court, upon petition and proper showing, it may take testimony at any time after the expiration of 60 days from the time of filing the bill of complaint. Testimony may be taken conditionally at any time for the purpose of perpetuating such testimony.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Barnes v. Jeudevine (Michigan Supreme Court 2006, 475 Mich. 696)“…ial court to have entered the default judgment of divorce. MCL 552.9f sets forth certain procedural requireme…”
- Calo v. Calo (Michigan Court of Appeals 1985, 143 Mich. App. 749)“…the expiration of the six-month waiting period, contrary to MCL 552.9f; MSA 25.89(6), I believe the error was…”
- Alexander v. Alexander (Michigan Court of Appeals 1981, 103 Mich. App. 263)“…6. The parties stipulated to a waiver of the requirement of MCL 552.9f; MSA 25.89(6) that no proofs or testimo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- MCL 552.6 (Divorce: grounds for divorce)(legislature.mi.gov).gov
- MCL 552.9 (Residency)(legislature.mi.gov).gov
- Michigan Courts Domestic Relations forms (SCAO)(courts.michigan.gov).gov
- MCL 552.9f (Waiting period)(legislature.mi.gov).gov
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