Divorce in Michigan

Overview of Michigan Divorce Law

Michigan is a no-fault divorce state. The only ground for divorce 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.” Neither spouse needs to prove wrongdoing or assign blame. This single standard applies to every divorce filed in the state.

While the no-fault standard simplifies the question of why the marriage is ending, Michigan imposes mandatory waiting periods that prevent the process from being rushed. The length of the waiting period depends on whether the couple has minor children.

Residency and Filing Requirements

Michigan has a two-part residency requirement. At least one spouse must have been a resident of the state for a minimum of 180 days (approximately six months) before filing. Additionally, the filing spouse must have resided in the county where the complaint is filed for at least ten days before initiating the action.

If one spouse recently moved to a new county within Michigan, they can either wait ten days to establish county residency or file in the county where they previously lived, provided they still meet the state residency threshold.

Property Division: How Michigan Divides Assets

Michigan follows the equitable distribution model. Marital property is divided in a manner the court considers fair and equitable, not necessarily equally. The court evaluates a range of factors developed through case law, including:

• The duration of the marriage
• The needs and circumstances of each party
• The earning ability of each spouse
• The cause of the divorce (fault may be considered as one factor in property division, even though Michigan is a no-fault state for grounds)
• Past relations and conduct of the parties
• General principles of equity
• The contribution of each spouse to the marital estate
• The age and health of the parties

Separate property, including assets acquired before the marriage, gifts, and inheritances, is generally not subject to division, but a court may invade separate property if the marital estate is insufficient to achieve an equitable result.

Spousal Support (Alimony)

Michigan does not have a statutory formula for spousal support. Instead, the court exercises broad discretion based on factors identified in case law, including:

• The length of the marriage
• The ability of each party to work and their current income
• The property award made in the divorce
• The age and health of the parties
• The prior standard of living
• The contribution of each party to the joint estate
• Whether either party is responsible for the support of others
• Fault or past conduct of the parties

Spousal support may be temporary, periodic, or paid in a lump sum. For longer marriages, particularly those exceeding twenty years, courts are more likely to award longer or indefinite support.

The Michigan Divorce Process

1. Filing the Complaint — One spouse files a Complaint for Divorce with the circuit court in the appropriate county and pays the filing fee.
2. Service of Process — The complaint and summons must be served on the other spouse, who has twenty-one days to file an answer (twenty-eight days if served by mail or outside the state).
3. Waiting Period — Michigan imposes a mandatory waiting period of sixty days for couples without minor children and six months for couples with minor children. The court may shorten the six-month period to sixty days upon a showing of good cause and unusual hardship.
4. Temporary Orders — Either party may request temporary orders for custody, parenting time, child support, spousal support, and use of the marital home.
5. Discovery and Financial Disclosure — Both parties exchange financial information through formal discovery, including interrogatories, document production, and depositions.
6. Settlement Conference or Mediation — Michigan courts typically require a settlement conference before trial. Mediation is commonly used, particularly for custody and parenting disputes.
7. Trial (if needed) — Unresolved issues are decided by the circuit court judge at trial.
8. Judgment of Divorce — The court enters a Judgment of Divorce, which incorporates the settlement agreement or the court’s rulings on all contested matters.

When to Consult an Attorney

Even though Michigan’s no-fault ground eliminates disputes about why the marriage is ending, the state’s equitable distribution framework, discretionary spousal support standards, and differing waiting periods for cases involving children all create complexity. Legal representation is strongly recommended when the divorce involves substantial or complex assets, disagreements about custody or parenting time, a significant income disparity between the spouses, or concerns about the other party hiding assets. An experienced Michigan family law attorney can help you navigate the waiting period requirements, advocate for a fair property division, and protect your parental rights.