Divorce in Michigan
Michigan is a no-fault divorce state where the sole ground is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed. The state uses equitable distribution and has a 60-day waiting period (or 6 months with children).
Quick Facts
Residency Requirement
6 months in state, 10 days in county
Waiting Period
60 days (6 months with children)
Filing Fee
$175-$350
Property Division
equitable distribution
Grounds for Divorce
- •Breakdown of the marriage relationship
Key Facts
- ★Michigan is a no-fault divorce state
- ★The waiting period is 60 days without children or 6 months with children
- ★At least one spouse must have lived in Michigan for 6 months and in the county for 10 days
- ★Property is divided by equitable distribution
- ★Michigan courts can consider fault in property division and spousal support
Child Custody
Michigan courts determine custody based on the best interests of the child, using 12 specific factors outlined in the Child Custody Act. The court considers the love and affection between the parent and child, the capacity of each parent, and the moral fitness of each party.
Alimony / Spousal Support
Michigan courts may award spousal support based on factors including the past relations and conduct of the parties, the length of the marriage, the ability of each party to work, the property awarded, and each party's age, health, and financial situation.
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Common questions about divorce in Michigan
Michigan imposes a 6-month waiting period for divorces involving minor children (compared to 60 days without) to provide additional time for potential reconciliation and to ensure proper arrangements for custody and support are in place. A judge may waive this in unusual hardship cases.
While Michigan is a no-fault state, the court can consider the conduct of the parties when determining property division and spousal support. Behavior such as infidelity or financial misconduct may influence how assets are divided.