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Filing for divorce in Michigan

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Michigan court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
Complaint for Divorce, stating your grounds and residency
MC 01 Summons, issued and signed by the clerk
MC 416 UCCJEA Affidavit, required whenever custody or parenting time is involved
FOC 23 Verified Statement, for the Friend of the Court, if children or support are involved
CC 320 Domestic Relations Verified Financial Information Form, exchanged between spouses, not filed
MC 03 Answer, filed by your spouse, with no filing fee
Judgment of Divorce, plus FOC 100 Judgment Information
DCH-0838 Record of Divorce or Annulment, and a Fee Waiver Request if needed
Where you fileFamily Division of the Circuit Court where either spouse lives. Many courts use MiFILE e-filing, case type code DM with children.
What it costsAt least $175, plus an $80 judgment fee when children are involved, plus service and any mediation costs. Waivable.
The sequence
1. File the Complaint and Summons with the Circuit Court and pay the fee or file a Fee Waiver Request. Your case does not start until one of those happens.
2. Serve your spouse within 91 days of the summons issue date, or the case is dismissed. Anyone over 18 who is not a party can serve.
3. Your spouse has 21 days to answer if served personally in Michigan, or 28 days if served by mail or out of state.
4. Within 28 days of that response, both spouses exchange the CC 320 financial form with four recent pay stubs and last year's tax returns.
5. Wait the mandatory period: 60 days without minor children, 180 days with them. If you have children, both parents complete the SMILE parenting program.
6. Attend the hearing. Michigan requires a hearing with proofs taken before any judgment is entered, then the judge signs the Judgment of Divorce.
The Friend of the Court handles support and parenting time and receives copies of key filings. Confirm current fees and e-filing availability with your circuit court.
Court forms

Michigan files a Complaint for Divorce in the Circuit Court (Family Division), often through the MiFILE e-filing system. The base fee is about $175 without minor children or $255 with them, waivable with form MC 20. Cases with children run through the Friend of the Court for support and parenting time.

Michigan Legal Help: Do-It-Yourself DivorceFree guided tools and SCAO-approved forms that build your Michigan divorce paperwork.
State rules and gotchas

Two residency clocks: 180 days in the state, 10 days in your county Verified Jul 2026

At least one spouse must have lived in Michigan 180 days and in the filing county 10 days before filing. Both are jurisdictional and cannot be waived, with a narrow exception only where a foreign-citizen spouse poses a child-abduction risk.

Source: MCL 552.9. Confirm the current rule with the court before relying on it.

The wait doubles to six months when children are involved Verified Jul 2026

The mandatory waiting period runs from the filing date: 60 days without minor children, but 180 days (six months) with them. The 60-day floor can never be waived; the 180-day version can be trimmed only for unusual hardship, and never below 60 days.

Source: MCL 552.9f. Confirm with the court.

No-fault to get the divorce, but fault can still cost you Verified Jul 2026

Michigan is pure no-fault, so your spouse cannot stop the divorce. Yet unlike some no-fault states, fault (adultery, abuse, dissipation) can still tilt property division, spousal support, and custody in the other spouse's favor.

Source: MCL 552.6 and Sparks v. Sparks. Confirm with the court.

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