The idea of divorce can feel overwhelming, but taking the first step is often the hardest. Once you have a plan, the court process becomes more manageable, and preparation can make all the difference.
Navigating a divorce is never simple, but being organized and informed can help you move forward with confidence. Understanding what to do before filing for divorce in Michigan is the foundation for a smoother experience. This guide explains everything from residency requirements and divorce laws to financial preparation and custody arrangements so you can face the process with clarity and peace of mind. For personalized legal advice, consider scheduling a consultation with the divorce attorneys at Clarity Law Firm for trusted support throughout your case.
Read our Michigan Divorce Checklist to learn more about the steps you need to take to prepare for divorce.
1. Understand Michigan’s Divorce Laws
Michigan operates under a no-fault divorce system, which means you don’t have to prove wrongdoing, such as infidelity or abuse. The only legal ground required is that the marriage relationship has broken down beyond repair and there’s no reasonable likelihood of reconciliation.
Although fault is not required to end the marriage, a judge may still consider certain behaviors like financial misconduct or domestic violence when determining spousal support or property division.
Before you file, ensure you meet Michigan’s residency requirements. Either spouse must have lived in the state for at least 180 days and in the county where the complaint for divorce is filed for at least 10 days before filing. Divorce papers are filed in the circuit court of that county under the Michigan court rules.

2. Gather and Organize Financial Information
The discovery phase of divorce involves reviewing all marital property and debts. Being financially prepared protects your interests and streamlines the court process.
Start by collecting and organizing important records, including:
- Bank statements and investment account records
- Tax returns for the past several years
- Pay stubs and income documentation
- Real estate deeds, lease agreements, and mortgage statements
- Vehicle titles and registrations
- Retirement accounts (401k, pension, IRA)
- Social Security benefits information
- Loan documents and credit card statements
- Insurance policies (life, home, auto, health)
Make copies of all documents and store them securely outside your home. It’s also wise to review your credit report to identify any shared debts or accounts. Organizing your marital assets early helps during the marital settlement agreement process later on.
3. Consider Child Custody and Parenting Time
If you have minor children, the court will decide issues of child custody, parenting time, and child support based on the best interests of the child.
Michigan recognizes both joint and sole legal and physical custody. You and your spouse will need to develop a parenting schedule that maintains stability for your children. The Friend of the Court (FOC) often assists families in evaluating custody and support arrangements. A Friend of the Court referee may hold a court hearing to make recommendations if parents cannot agree.
Child support is calculated through a state-approved formula that considers each parent’s income, overnight parenting time, and other relevant factors. The SMILE program (Start Making It Livable for Everyone) can also provide resources to help parents understand the process and reduce conflict.
4. Decide Between an Uncontested or Contested Divorce
Michigan recognizes two main types of divorce:
- Uncontested Divorce: Both spouses agree on all major issues, including property division, spousal support, child custody, and child support. This process is faster, less stressful, and usually requires fewer court appearances.
- Contested Divorce: When couples cannot agree, the court must decide one or more disputed issues. These cases take longer and are more expensive, but mediation and other forms of negotiation may help resolve differences before trial.
If you and your spouse can communicate respectfully, a marital settlement agreement can help finalize the terms efficiently and reduce emotional strain. An experienced divorce attorney can explain the differences between a contested and uncontested divorce to help you decide the best path to take.

5. Seek Legal Help and Explore Your Options
Even if your divorce seems amicable, consulting with an attorney ensures your rights are protected. Divorce attorneys can help you understand Michigan divorce laws, prepare the summons and complaint, and guide you through complex issues like spousal support or property division.
If cost is a concern, there are free online resources available that offer court-approved divorce forms and interactive tools to help you prepare for a do-it-yourself divorce. Another option is limited scope representation, where an attorney supports you with specific parts of the process, such as reviewing your paperwork or representing you at a single court hearing.
6. The Filing Process Explained
Once you’re ready to proceed, you’ll begin by filing a complaint for divorce in your county’s circuit court. This document starts the case and includes information about you, your spouse, and any children.
You must then deliver the summons and complaint to your spouse, a step known as service of process. The responding spouse has 21 to 28 days to reply, depending on how the documents were served. If they don’t respond, the case can proceed as a default divorce or uncontested divorce.
If you have children, the court may issue temporary orders or ex parte orders for child support, parenting time, and possession of the marital home. These orders help maintain stability while the case moves forward.
The Michigan court rule 2.004 applies when one spouse is incarcerated, ensuring they can participate in hearings. In addition, active-duty military spouses are protected by the Service Members Civil Relief Act (SCRA), which may pause or extend the timeline for response.
Learn more: Filing for Divorce in Michigan
7. Special Situations to Be Aware Of
Certain life circumstances require extra attention during a divorce:
- Domestic Violence: If you experience abuse, you may request a personal protection order (PPO). The court will also provide a domestic violence screening form to ensure your safety throughout the process.
- Active Military Duty: The Servicemembers Civil Relief Act protects deployed spouses by delaying certain proceedings until they can participate.
- Separate Maintenance / Legal Separation: If you do not wish to end the marriage but need legal protection for property or support, separate maintenance is an option.
- Common Law Marriage: Michigan no longer recognizes common law marriage, but it will honor valid ones from states that still do.
- Paternity Issue: If a child born during the marriage is not biologically your spouse’s, you must address this within your case.
- Legal Name Change: A name change can be requested in your judgment of divorce or as a separate motion under the Michigan court rules.
8. Financial Considerations and Court Fees
Divorce involves both emotional and financial adjustments. Planning ahead will help you stay organized and reduce stress.
- Filing Fees: Most counties require payment to file, but those with limited income can submit a fee waiver request to reduce or eliminate court fees.
- Attorney’s Fees: If you’re facing a contested divorce, attorney’s fees may increase depending on the number of court appearances.
- Maintaining Two Households: Budget for new housing, utilities, and insurance once separated.
- Child Tax Credit: The final judgment of divorce should specify which parent claims this credit.
- Credit and Debt: Pay joint debts on time, close shared accounts, and open new ones in your own name to protect your financial standing.
By staying proactive and organized, you can better manage the costs and complications that come with the divorce process.

9. Finalizing the Divorce
After negotiations or a court decision, the judge will issue a final judgment of divorce, also called a divorce decree, which officially dissolves the marriage.
Michigan imposes a waiting period before the decree becomes final:
- 60 days if there are no children
- 180 days if the marriage involves minor children
Once the judgment of divorce is entered, it outlines the final decisions on property division, spousal support, child custody, and parenting time.
Conclusion
Divorce can be one of life’s most challenging transitions, but preparation makes all the difference. By understanding Michigan’s divorce laws, gathering financial documents, and prioritizing your children’s well-being, you can face the process with confidence.
Whether your case is an uncontested divorce or a contested divorce, being informed and organized will help you achieve a fair resolution. If you’re ready to take the next step, contact Clarity Law Firm at (313) 513-1919 for compassionate guidance from trusted divorce attorneys who can help you protect your rights and move forward with peace of mind.
FAQs
1. How long does it take to get a divorce in Michigan?
The minimum waiting period is 60 days if you don’t have minor children. If you have children, the waiting period is 180 days. However, the actual time it takes can be much longer, especially in a contested divorce, depending on how quickly the parties can resolve issues like child custody, spousal support, and property division.
2. Is a legal separation the same as a divorce in Michigan?
No. A legal separation (or separate maintenance) allows the court to divide property and address spousal and child support without ending the marriage. This can be useful for those who wish to remain married for religious or insurance reasons. A divorce, on the other hand, legally terminates the marriage.
3. What is the role of the Friend of the Court?
The Friend of the Court is a public office that assists the court in matters concerning minor children, such as child custody, Parenting Time, and child support. If the parents can’t agree, the Friend of the Court will make a recommendation to the judge. They also handle the enforcement of support and custody orders.
4. Can I file for divorce without an attorney?
Yes, you can file for a “do-it-yourself” divorce, particularly if it’s an uncontested divorce and you and your spouse agree on everything. Resources like Michigan Legal Help provide guides and court-approved forms. However, a lawyer can provide valuable legal advice, ensure all documents are properly filed, and protect your interests, especially in complex cases involving significant assets or disputes.
5. How is property divided in a Michigan divorce?
Michigan law requires an “equitable distribution” of marital property. This doesn’t necessarily mean a 50/50 split but rather a fair division based on various factors, including the length of the marriage, each person’s contribution to the marital estate, and their financial circumstances. Assets acquired before the marriage or through inheritance are generally considered “separate property” and are not subject to division.