How to File for Divorce in Michigan

Filing for divorce is a significant legal step, and understanding the process can help you navigate the process with confidence. If you’re considering filing for divorce in Michigan, here’s a comprehensive guide to help you understand the requirements and steps involved.

Understanding the Basics of Divorce in Michigan

What is No-Fault Divorce?

Michigan is a no-fault divorce state, which means that you do not need to prove wrongdoing by your spouse in order to file for divorce. Instead, you simply need to demonstrate that the marriage has broken down irretrievably with no reasonable likelihood of reconciliation.

Residency Requirements

Before filing for divorce in Michigan, you or your spouse must meet the following residency requirements:

1. State Residency: At least one spouse must have lived in Michigan for a minimum of 180 days (6 months) before filing.

2. County Residency: You must file in the county where either you or your spouse has lived for at least 10 days prior to filing.

Failing to meet these requirements can result in your case being dismissed.

Steps to File for Divorce in Michigan

1. Prepare the Necessary Forms: Obtain the required divorce forms, which typically include a Complaint for Divorce and a Summons. Additional forms may be needed if minor children are involved or if you’re requesting spousal support.

2. File the Forms with the Court: Submit your completed forms to the Clerk of the Circuit Court in the appropriate county. There is a filing fee, which varies by county and whether or not minor children are involved in the action. 

3. Serve Your Spouse: Once the divorce is filed, your spouse must be formally notified through service of the divorce papers. This can be done using an individual over the age of 18 that is not a party to the action, a process server, sheriff’s deputy, or certified restricted delivery mail. Thereafter, you need to file a proof of service with the court evidencing that your spouse has received the paperwork. Wilson Kester will take care of this for you to prevent delays or mistakes in the service process.

4. Await a Response: Your spouse has 21 days to respond if served in person or 28 days if served by certified restricted delivery mail. If they do not respond, you may request a default judgment.

5. Attend Hearings and Mediation: Depending on the complexity of your case, you may need to attend court hearings, mediation sessions, or settlement conferences. If minor children are involved, the court will require custody, child support, and a parenting time plan.

6. Resolve Outstanding Issues: Issues such as property division, child custody, child support, and spousal support must be resolved either through negotiation, mediation, or a court order.

7. Final Judgment of Divorce: Once all issues are resolved, the court will issue a Judgment of Divorce, officially ending the marriage. In Michigan, there is a mandatory waiting period of 60 days for divorces without children and 180 days for divorces involving minor children.

Key Considerations

• Property Division: Michigan follows the principle of equitable distribution, meaning marital property is divided fairly, though not always equally.
• Child Custody: The court prioritizes the best interests of the child when determining custody and parenting time arrangements.
• Legal Representation: While it is possible to file for divorce without an attorney, legal representation can help you navigate complex issues and ensure your rights are protected.

How Can Wilson Kester Help?

Filing for divorce in Michigan requires careful preparation and an understanding of the legal process. Whether your case is straightforward or involves complex issues such as child custody or significant assets, our experienced family law attorneys are here to guide you every step of the way. Contact Wilson Kester today for a consultation to discuss your specific situation!