Michigan is a purely no-fault divorce state. The sole 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. Under MCL §552.6, neither spouse needs to prove fault, and the court does not consider evidence of marital misconduct when deciding whether to grant the divorce.
To file for divorce in Michigan, one spouse files a Complaint for Divorce in the Circuit Court of the county where either spouse resides. The filing fee is $175 for cases without minor children and $255 for cases with minor children (plus a $25 e-filing fee). The complaint must be served on the other spouse through personal service or by registered mail. The respondent has 21 days to file an answer if served in Michigan, or 28 days if served out of state. Michigan requires a Friend of the Court involvement in cases involving minor children to assist with custody, parenting time, and child support determinations.
At least one spouse must have been a resident of Michigan for 180 days (six months) and a resident of the county where the complaint is filed for at least 10 days immediately before filing. The 10-day county requirement may be waived in cases involving minor children where there is a credible risk of international child removal by a foreign-born or foreign-citizen defendant.
Michigan follows equitable distribution principles under MCL §552.19 and §552.401. The court divides marital property fairly, which does not necessarily mean equally. Only marital property (assets acquired during the marriage) is subject to division. Separate property—assets owned before the marriage, received by gift or inheritance, and kept separate from marital assets—generally remains with the original owner.
Michigan courts consider the duration of the marriage, the contribution of each party to the marital estate, the age, health, and life status of each party, the necessities and circumstances of each party, the earning abilities of the parties, the past relations and conduct of the parties (including fault, though this is a limited factor), general principles of equity, and any other factor the court finds relevant. The court also evaluates whether either spouse contributed to the other's education, career, or increased earning capacity during the marriage.
Michigan courts determine custody based on the best interests of the child under MCL §722.23, which establishes 12 specific "best interest factors." Michigan does not presume joint custody is in the child's best interest but considers it as one possible arrangement. The Friend of the Court office plays a significant role in custody proceedings, conducting investigations and making recommendations to the judge.
Legal custody grants the right to make important decisions about the child's education, health care, and general welfare. Physical custody determines where the child primarily resides. Michigan courts may award sole or joint custody for both legal and physical custody. Joint custody requires a showing that the parents can cooperate and communicate sufficiently to make joint decisions.
Michigan's 12 statutory factors include the love, affection, and emotional ties between the child and each parent, each parent's capacity to give love, affection, and guidance, each parent's capacity to provide food, clothing, and medical care, the length of time the child has lived in a stable environment, the permanence of the existing or proposed custodial home, the moral fitness of the parties, the mental and physical health of the parties, the home, school, and community record of the child, the child's reasonable preference if of sufficient age, the willingness of each parent to facilitate a close relationship with the other parent, any history of domestic violence, and any other relevant factor.
For couples without minor children, Michigan requires a minimum 60-day waiting period from the date of filing. For couples with minor children, the mandatory waiting period is 180 days (six months), though the court may reduce it to 60 days upon a showing of unusual hardship or compelling necessity. Uncontested divorces without children typically finalize within two to three months.
The Friend of the Court is a Michigan-specific office attached to each county's Circuit Court that assists in cases involving minor children. The office investigates custody and parenting time disputes, makes recommendations to the judge, helps enforce child support and parenting time orders, and mediates disputes between parents. Either party can request to opt out of Friend of the Court services in limited circumstances.
While Michigan is a no-fault state for the purpose of granting the divorce itself, the past relations and conduct of the parties (including fault) may be considered as one factor among many in the division of marital property. However, fault is given relatively limited weight compared to financial factors and each spouse's contributions to the marital estate.
Yes, in cases involving minor children, the court may shorten the 180-day waiting period to as little as 60 days upon a petition showing unusual hardship or compelling necessity. Examples might include situations involving domestic violence, military deployment, or serious medical conditions. The 60-day waiting period for cases without minor children generally cannot be shortened.