Divorce in Michigan: Step by Step

A plain-language walk-through of a Michigan divorce: who can file and where, the no-fault ground, the waiting periods, temporary orders, property and spousal support, and how the case ends.

This guide is written for people in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

Step 1: Make Sure You Can File Here

To get a divorce in Michigan, one spouse must have lived in Michigan for 180 days immediately before filing, and, with a narrow exception, one spouse must have lived in the county where the case is filed for 10 days immediately before filing (MCL 552.9). Divorces are filed in the circuit court, such as the Third Circuit Court for Wayne County or the Monroe County Circuit Court.

Step 2: Understand the No-Fault Ground

Michigan is a no-fault state. The ground stated in the complaint is 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 (MCL 552.6). The complaint uses only that statutory language, with no other explanation. You do not have to prove wrongdoing, and the other spouse's admission or denial of the ground is not binding on the court.

Step 3: File and Serve the Papers

The case starts with a complaint for divorce filed with the court. The other spouse must then be formally served and has a set time to respond. If the other spouse does not respond, the case may proceed by default. If the case involves minor children, the Friend of the Court will also be involved.

Step 4: The Waiting Periods

Michigan law sets minimum waiting periods before the court can take the testimony needed to finish a divorce (MCL 552.9f):

60 days from filing in most cases
6 months from filing when there are dependent minor children

When there are minor children, the court may shorten the 6-month period, but not below 60 days, in cases of unusual hardship or compelling necessity, on a petition and proper showing. Many divorces take longer than the minimum, especially when issues are contested.

Step 5: Temporary Orders

While the case is open, either spouse can ask the court for temporary orders on issues such as who stays in the home, support, payment of bills, and custody and parenting time. Courts also commonly enter orders preventing either spouse from selling or hiding assets during the case.

Step 6: Disclosure and Property Division

Both spouses exchange information about income, debts, and assets. The judgment of divorce divides the parties' property, and Michigan law gives the court authority to award property as it considers just and reasonable (MCL 552.19). A fair division does not always mean an exactly equal one. Whether an asset was owned before the marriage, received by one spouse alone, or built up during the marriage can matter. Retirement accounts, the home, vehicles, and debts all have to be addressed.

Step 7: Spousal Support

Spousal support (alimony) is not automatic. Under MCL 552.23, a court may award it if the property awarded to a spouse is not enough for their suitable support, after considering each party's ability to pay, the character and situation of the parties, and all the other circumstances of the case. The parties can also negotiate support as part of a settlement.

Step 8: Settlement or Trial, Then the Judgment

Most divorces settle, often with help from mediation. The agreed terms are written into a Judgment of Divorce that the judge signs. If issues cannot be resolved, the court holds a trial and decides them. The judgment is a court order, so read it carefully and follow it, including deadlines for transferring property or refinancing debts.

What to Gather and What to Avoid

Gather recent pay stubs, tax returns, bank and retirement statements, debt statements, and any prenuptial agreement.

Do not move, spend, or hide significant assets once the case is filed.
Do not post about the divorce on social media.
Do not sign agreements before you understand them.

How I Can Help

If you have a divorce in Downriver (Wayne County), Monroe County, or nearby, I can review your situation, explain the process and your options, and represent you.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.