Michigan Divorce Checklist (2026) — Complete Phase-by-Phase Guide
Work through each phase in order. Don't skip ahead — Michigan has mandatory timing requirements that must be respected.
Before you start: Note your filing date. The 60-day (no children) or 180-day (with children) mandatory wait begins on the day your Complaint is stamped by the Clerk.
Phase 1 — Before You File
- Confirm you have lived in Michigan for at least 180 days
- Confirm you have lived in the county where you'll file for at least 10 days
- Determine whether you have minor children together — this controls the wait period (60 vs. 180 days)
- Identify your corroborating witness — a friend, family member, neighbor, or coworker who can testify that your marriage has broken down. Confirm their availability now.
- Contact your county Circuit Court Clerk's office to confirm current filing fee (typically $175–$250) and any local procedures
- Gather financial documents:
- Most recent 2 years of tax returns (federal and state)
- Recent pay stubs (last 2–3 months) for both spouses if available
- Bank account statements (all accounts, last 3 months)
- Retirement account statements (401k, IRA, pension statements)
- Mortgage statement and latest property tax bill
- Vehicle titles and loan statements
- Credit card and loan statements
- Business financial statements (if applicable)
- Create a complete list of all marital property and debt
- Discuss settlement terms with your spouse (property, debt, spousal support)
- Draft a Settlement Agreement (MSA) if you and your spouse agree on all terms — have it ready before or at the final hearing
- If children: familiarize yourself with the Michigan Child Support Formula and calculate guideline support (courts.michigan.gov calculator)
- If children: draft a proposed Parenting Time Agreement
Phase 2 — Preparing the Forms
Download all forms free from courts.michigan.gov.
Without minor children:
- DC 100a — Complaint for Divorce (no minor children): complete all sections; include name restoration request if applicable
- Review the DC 100a instructions carefully
- Prepare a Judgment of Divorce draft (your county may have a standard form or template)
With minor children:
- DC 100c — Complaint for Divorce (with minor children): complete all sections
- FOC forms — your county's FOC office will tell you which forms to include at filing. Common forms: FOC 10 (Uniform Child Support Order), FOC 23, parenting time schedule
- Prepare a Consent Order or draft Judgment of Divorce including custody, parenting time, and support terms
- Calculate child support using the Michigan Child Support Formula — attach the worksheet
All cases:
- Compile all forms and make 2 extra copies of everything before filing
Phase 3 — Filing
- Take completed forms to the Circuit Court Clerk's office in your county
- Pay the filing fee ($175–$250)
- If children: pay the Friend of the Court service fee ($80–$150, varies by county)
- The Clerk stamps and files your Complaint and issues the Summons (DC 100)
- Note your case number
- Note today's date as Day 0 of your mandatory wait period
- No children: earliest hearing date = Day 60
- With children: earliest hearing date = Day 180
Phase 4 — Service
- Serve the Complaint and Summons on your spouse using one of:
- Sheriff or process server (~$25–$75): most reliable
- Certified mail with return receipt requested: send and retain the signed receipt
- Acknowledgment of Service (DC 108): cooperative spouse signs voluntarily, returns to you for filing
- File the Proof of Service or Acknowledgment of Service with the Clerk
- If spouse cannot be located: petition for alternative service (substituted service or service by publication) — requires court order
Phase 5 — Response Period
- Wait for your spouse's response:
- Served in Michigan: 21 days to file an Answer
- Served outside Michigan: 28 days to file an Answer
- If spouse files an Answer: review it; if contested, consider mediation or attorney consultation
- If no Answer filed after the deadline: you may be able to proceed to default (consult your county's procedures)
- If uncontested: both parties sign the Settlement Agreement and prepare the Consent Judgment of Divorce
Phase 6 — Friend of the Court (With Children Only)
- Expect a FOC interview or investigation — the FOC may contact both parents
- Submit any required FOC forms or questionnaires promptly
- Review the FOC's Interim Recommendations for custody, parenting time, and support
- If you agree with FOC recommendations: they become part of the Consent Order
- If you disagree: request a FOC hearing within the time specified in the notice
- Ensure your child support amount matches the Michigan Child Support Formula calculation
Phase 7 — Final Hearing Preparation
- Confirm the hearing date is on or after Day 60 (no children) or Day 180 (with children)
- Confirm your corroborating witness is available on the hearing date — confirm the exact time and location
- Check with your county whether your corroborating witness must appear in person or can submit a sworn affidavit
- Prepare your testimony: your name, Michigan residency (how long), county residency (how long), that the marriage has broken down beyond repair
- Prepare your corroborating witness: they will testify (or swear in an affidavit) that they know you or your spouse and have personal knowledge that the marriage has broken down
- Bring to the hearing:
- Your ID
- Original signed Settlement Agreement (if applicable)
- Proposed Judgment of Divorce — filled out and ready for the judge to sign
- All supporting documents (support worksheet, parenting plan, property list)
- Your corroborating witness (or their affidavit)
Phase 8 — The Final Hearing
- Appear at the scheduled hearing with your corroborating witness
- Testify under oath: name, residency dates, that the marriage has broken down
- Corroborating witness testifies (or affidavit is submitted)
- Judge reviews and signs the Judgment of Divorce
- Request 3–5 certified copies of the signed Judgment from the Clerk before leaving
Phase 9 — After the Divorce
Name restoration (if applicable):
- Social Security Administration (bring certified copy of Judgment)
- Michigan Secretary of State — driver's license and state ID
- Passport, bank accounts, insurance, employer records
Property transfers:
- Vehicle titles: Michigan Secretary of State
- Real estate: deed prepared, signed, notarized, and recorded with county Register of Deeds
- Retirement accounts: QDRO filed with plan administrator for employer plans; IRA retitling
Financial updates:
- Update beneficiary designations on all accounts, insurance policies, and retirement plans
- Close or retitle joint bank and credit accounts
- Address joint debt per Settlement Agreement
Quick Reference: Michigan Divorce Forms
| Form | Name | When Used |
|---|---|---|
| DC 100a | Complaint for Divorce (no children) | No minor children |
| DC 100c | Complaint for Divorce (with children) | Minor children involved |
| DC 100 | Summons | All cases — issued by Clerk |
| DC 108 | Acknowledgment of Service | Cooperative spouse |
| FOC 10 | Uniform Child Support Order | Cases with children |
| FOC 23 | Uniform Child Support Order (FOC version) | Cases with children |
| Various | Judgment of Divorce | All cases — judge signs |
All forms available free at courts.michigan.gov.
Last reviewed: March 2026 | Michigan Legal Help at michiganlegalhelp.org provides free instructions for completing each form.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.