Michigan Divorce Laws (2026): Grounds, Residency, and Process
Michigan Divorce Laws (2026): Grounds, Residency, and Process
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). You 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 filing for divorce in Michigan, the person filing (the plaintiff) must have been a Michigan resident for at least 180 days and a resident of the county where the case is filed for at least 10 days (MCL 552.9). Both requirements must be met at the time of filing.
If the plaintiff does not meet these requirements, the court does not have jurisdiction and will dismiss the case. Michigan does not have an exception based on where the parties last lived together or where the cause arose, so residency must be established before you file.
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, the waiting period is 60 days from the date the complaint is filed (MCL 552.9f). If there are minor children, the waiting period is 180 days. The 180-day period may be shortened to 60 days, but only if the court finds that requiring the full period would cause unusual hardship, which is a high bar.
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. 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 have lived in Michigan for at least 180 days and in your 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 (or 180-day) waiting period 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.
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.
More Michigan Laws
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- Michigan Alimony Laws
- Michigan At-Will Employment Laws
- Michigan Car Accident Laws
- Michigan Car Seat Laws
- Michigan Child Custody Laws
- Michigan Child Support Laws
- Michigan Common Law Marriage Laws
- Michigan Data Privacy Laws
- Michigan Dog Bite Laws
- Michigan Emancipation Laws
- Michigan Expungement Laws
- Michigan Hit and Run Laws
- Michigan Lemon Laws
- Michigan Power of Attorney Laws
- Michigan Recording Laws
Sources
- MCL 552.6 (Divorce: grounds): legislature.mi.gov
- MCL 552.9 and 552.9f (Residency and waiting period): legislature.mi.gov
- Michigan Courts self-help resources: courts.michigan.gov
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