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

FormNameWhen Used
DC 100aComplaint for Divorce (no children)No minor children
DC 100cComplaint for Divorce (with children)Minor children involved
DC 100SummonsAll cases — issued by Clerk
DC 108Acknowledgment of ServiceCooperative spouse
FOC 10Uniform Child Support OrderCases with children
FOC 23Uniform Child Support Order (FOC version)Cases with children
VariousJudgment of DivorceAll 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.