Am I Eligible to File for Divorce in Michigan? (2026 Self-Assessment)

Answer these questions honestly. They reflect the legal requirements for a Michigan divorce and will help you understand exactly where you stand before spending time and money at the courthouse.

Disclaimer: This is general legal information, not legal advice. Consult a licensed Michigan family law attorney if you have questions about your specific situation.

Section 1: Residency

1. Have you lived in Michigan continuously for at least 180 days (approximately 6 months)?

• Yes → proceed
• No → you cannot file yet. Wait until the 180-day mark and file then. (Your spouse may be able to file if they meet the requirement.)

2. Have you lived in the county where you plan to file for at least 10 days?

• Yes → proceed
• No → wait 10 days from your move-in date, or file in the county where you have lived for 10+ days (as long as you meet state residency there too)

3. If you don't meet residency but your spouse does — does your spouse live in Michigan?

• Yes → your spouse can file even if you've left the state
• No → neither party meets MI residency; you'll need to file in the state where one of you currently lives

Section 2: The Wait Period — Critical

Michigan mandates a waiting period that cannot be skipped.

4. Do you have any minor children together (biological or adopted)?

• No → your wait period after filing is 60 days
• Yes → your wait period after filing is 180 days (approximately 6 months). Read Section 5 (Children) carefully.

5. Are you aware that the 180-day wait with children begins on the day you FILE — not the day you start preparing or the day you serve your spouse?

• Understood → the clock starts the moment the Clerk stamps your Complaint
• Unclear → understand this before filing. Arranging everything (corroborating witness, settlement agreement, scheduling) takes time on top of the mandatory wait.

Section 3: Your Corroborating Witness — Michigan-Unique Requirement

Michigan requires a corroborating witness at the final divorce hearing. This is someone other than the two spouses who can testify (or in some counties submit a sworn affidavit) that the marriage has broken down.

6. Do you have at least one person who could serve as your corroborating witness?

• Yes → identify them now and keep reading
• No → you must identify someone before you can finalize. Almost any adult with personal knowledge of you or your spouse (friend, neighbor, coworker, family member) qualifies.

7. Can your corroborating witness testify that the marriage has broken down — or that you've been living separately — from their personal observation?

• Yes → they qualify
• No → find someone who has observed your living situation, your relationship, or heard you discuss the breakdown of the marriage. They don't need to know all the details — just enough to corroborate your testimony.

8. Is your corroborating witness available to appear at the final hearing (or sign a sworn affidavit, depending on your county's practice)?

• Yes → you're set
• No → identify a backup witness, or confirm with the Clerk's office whether your county accepts affidavits in lieu of live testimony

Section 4: Property, Assets, and Debt

9. Have you and your spouse discussed and agreed on how to divide your marital property?

• Yes → a written Settlement Agreement is the next step (before finalizing)
• Not yet → resolution is needed before the Judgment can be entered. Uncontested divorces where parties can't agree on property become contested.

10. Do you have any of the following? (Each requires additional steps)

11. Does either spouse have a separate property claim (owned before marriage, inherited, or gifted)?

• No → all property is likely marital
• Yes → separate property is generally kept by that spouse. Commingled funds or improvements using marital income may create a partial marital interest.

12. Does either spouse want spousal support (alimony)?

• No → include a mutual waiver in the Settlement Agreement
• Yes → include terms (amount, duration, modification, termination) in the Settlement Agreement. Spousal support in Michigan is called "spousal support" (not alimony). Fault may be considered in spousal support determinations.

Section 5: Children and the Friend of the Court

13. Do you have minor children together?

• No → skip to Section 6
• Yes → the Friend of the Court (FOC) is automatically part of your divorce proceeding. Read the With Children page.

14. Have you and your spouse agreed on legal and physical custody of your children?

• Yes → document the agreement in a Parenting Agreement as part of the Judgment
• No → the FOC may conduct an investigation and make recommendations. Contested custody is time-consuming and expensive.

15. Have you calculated child support using the Michigan Child Support Formula?

• Yes → include the support amount in your Consent Order
• Not yet → use the Michigan Child Support Calculator at courts.michigan.gov. The FOC will independently calculate support — your agreed amount must conform to the guidelines or include written findings justifying any deviation.

16. Are there any safety concerns with the other parent (abuse, neglect, substance use) that affect custody?

• No → proceed
• Yes → the FOC investigates these concerns. Consider consulting an attorney. Domestic violence victims may qualify for confidential address protection.

Section 6: Safety

17. Is there domestic violence or abuse in your marriage?

• No → proceed
• Yes → your safety is the priority. Call the National DV Hotline (1-800-799-7233) or Michigan's domestic violence resources (mdhhs.gov). Michigan has safeguards for domestic violence survivors in divorce proceedings, including address confidentiality.

18. Do you have a Personal Protection Order (PPO) in place?

• No → if safety is a concern, a PPO can be obtained separately through the Circuit Court
• Yes → inform the Clerk's office of the PPO when filing

Section 7: Practical Readiness

19. Do you have your financial documents organized?

• Recent pay stubs and tax returns (last 2 years)
• Bank account statements (all accounts)
• Mortgage statement and property tax bills
• Vehicle registrations
• Retirement account statements
• Credit card and loan statements

20. Do you know which Circuit Court serves your county?

• Yes → file there (must be county where you or your spouse has lived for 10+ days)
• No → look up Michigan county Circuit Courts at courts.michigan.gov

Your Result

If you answered YES to all applicable questions in Sections 1–2 and have a corroborating witness: → You are ready to file. Start with the Checklist and Forms pages.

If you have minor children and answered YES to all questions including Section 5: → You are ready to file — but plan for the 180-day wait. Review the With Children page and begin FOC preparation.

If you need a corroborating witness: → Identify one before filing. The rest of the process can move while you confirm your witness, but you cannot finalize without one.

If you haven't met residency requirements: → Wait. Michigan's 180-day state residency and 10-day county residency requirements must be met before filing.

If you have contested property, custody, or support issues: → Consider an attorney consultation. Contested Michigan divorces are handled by the Circuit Court with potential FOC involvement and can stretch for months or years.

Last reviewed: March 2026 | Michigan Legal Help (michiganlegalhelp.org) has free eligibility guides and form instructions.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.