How to File for Divorce in Michigan

One spouse must have lived in Michigan for 180 days immediately before filing, and one spouse must have lived in the county where the case is filed for 10 days before filing. The 10-day county rule does not apply in certain cases where there is a risk that a minor child will be taken out of the United States by a spouse born in or a citizen of another country. If the defendant was not domiciled in Michigan when the case was filed or when the grounds arose, the filing spouse must also show that the couple lived together in Michigan as a married couple, or that the filing spouse lived in Michigan in good faith for 1 year before filing.

Filing a civil action in circuit court, including a divorce, costs $150 plus a $25 electronic filing system fee. When custody or parenting time of a minor child is to be decided, an additional $80 fee is due at filing; if only child support is to be decided, the additional fee is $40. Fees can be waived or suspended for a person who cannot pay, and if the filing fee is waived for indigence, the e-filing fee must also be waived.

Michigan has no separate simplified divorce procedure. Every divorce uses the same no-fault ground and waiting periods. The defendant may admit the ground in an answer without explanation, but the court still requires evidence in open court before entering a judgment. Parties may also ask the court, with their first papers, not to open a Friend of the Court case, and the court must agree unless, for example, a party receives or applies for public-assistance child support (Title IV-D) services or asks for a Friend of the Court case.

No testimony can be taken to finish a divorce until 60 days after the complaint is filed. If there are dependent minor children under 18, the waiting period is 6 months from filing, although the court may shorten it to no less than 60 days in cases of unusual hardship or compelling necessity.