Michigan Divorce FAQ — Most Common Questions Answered (2026)
Answers to the most frequently asked questions about filing for divorce in Michigan, including the mandatory waiting periods, the corroborating witness requirement, the Friend of the Court, and costs.
Disclaimer: This is general legal information, not legal advice. Consult a licensed Michigan family law attorney for guidance on your specific situation.
Eligibility and Basics
Can I file for divorce in Michigan without a lawyer? Yes. Michigan allows self-representation (pro se) in divorce proceedings. For uncontested divorces with an agreed settlement, many people complete the process without an attorney. Complex property situations, custody disputes, and domestic violence cases benefit from professional representation.
What are Michigan's residency requirements for divorce? At least one spouse must have lived in Michigan for at least 180 days (approximately 6 months) and in the county where you file for at least 10 days before filing.
Where do I file for divorce in Michigan? At the Circuit Court Clerk's office in the county where you or your spouse lives. Look up your county Circuit Court at courts.michigan.gov.
What is the ground for divorce in Michigan? Michigan has one ground: breakdown of the marriage relationship "to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." This is pure no-fault — you don't need to allege or prove any misconduct.
Does Michigan have legal separation? Michigan does not have a formal "legal separation" status that courts enter. Couples can simply separate informally. There is a rarely used "Divorce from Bed and Board" proceeding (a judicial separation), but it does not end the marriage and is almost never used in practical divorce planning.
The Corroborating Witness
What is a corroborating witness in a Michigan divorce? A person other than the parties to the divorce who testifies at the final hearing (or provides a sworn affidavit in counties that accept that) that the marriage has broken down. This person provides independent confirmation of the breakdown.
Who can be a corroborating witness? Almost any adult who knows you or your spouse — a friend, family member, neighbor, coworker, or anyone who has observed your relationship and can say from personal experience that the marriage has broken down. They do not need to know all private details of the marriage.
What does the corroborating witness have to say? Typically: their name, how they know you or your spouse, and that based on their personal observation, the marriage has broken down and there is no reasonable likelihood it will be preserved.
Does the corroborating witness have to come to court? In many Michigan counties, yes — they must appear at the final hearing. Some counties accept a notarized affidavit in lieu of live testimony. Check with your county Circuit Court Clerk about local practice.
What if I can't find anyone to be a corroborating witness? Almost anyone who knows you or your spouse qualifies. If you are genuinely isolated, consider a neighbor, coworker, or anyone who has had any meaningful interaction with your household. Contact Michigan Legal Help (michiganlegalhelp.org) if you need guidance.
Waiting Periods
How long do I have to wait before getting divorced in Michigan?
- No minor children: 60 days from the filing date
- With minor children: 180 days from the filing date
When does the waiting period start? The day your Complaint is filed and stamped by the Clerk.
Can the waiting period be waived? The 60-day wait (no children) cannot be waived. The 180-day wait (with children) can be waived "for good cause shown" under MCL 552.9f, but courts apply a high standard and waivers are uncommon. Plan your timeline around the full 180-day wait.
If my spouse and I agree on everything, do I still have to wait? Yes. The mandatory waiting period is statutory and applies regardless of how quickly both parties reach agreement.
Does the waiting period restart if my spouse files an Answer? No. The waiting period runs from the filing date regardless of case developments.
The Friend of the Court (FOC)
What is the Friend of the Court? An office of the Family Division of the Circuit Court established by Michigan law to oversee child support, custody, and parenting time in divorce and family court cases. Every county in Michigan has a FOC office.
Is FOC involvement required? Yes — automatically, whenever minor children are involved in a divorce proceeding.
What does the FOC do during my divorce? The FOC reviews custody and parenting time proposals, investigates if parents disagree, issues Interim Recommendations, and calculates child support using the Michigan Child Support Formula. After the divorce, the FOC enforces support orders.
Can we opt out of FOC services? Parties who fully agree on all child-related issues may be able to opt out of certain (non-enforcement) FOC services by filing the appropriate opt-out form. Ask your county's FOC office about opt-out eligibility and procedures. Enforcement services cannot generally be opted out of.
How much does the FOC charge? A FOC service fee is charged at filing, typically $80–$150 depending on the county.
What does "Interim Recommendations" mean? After conducting intake and reviewing the case, the FOC issues written Interim Recommendations for custody, parenting time, and child support. Either party can accept or object to these recommendations. Objections trigger a FOC hearing. Accepted recommendations are incorporated into the final order.
The Process
How much does it cost to file for divorce in Michigan? $175–$250 for the filing fee (varies by county). Add a FOC fee of $80–$150 if you have children. Other costs: service fees, certified copies, Settlement Agreement prep, QDRO if retirement accounts, deed transfer if real estate.
How long does Michigan divorce take? Without children: approximately 10–14 weeks from filing to Judgment. With children: approximately 7–10 months from filing to Judgment. Contested cases can take 12–24+ months.
What forms do I need? Without children: DC 100a (Complaint) + DC 100 (Summons, issued by Clerk). With children: DC 100c (Complaint) + DC 100 + FOC forms (varies by county). All standard forms are free at courts.michigan.gov.
Do both spouses have to appear at the final hearing? In a default (no Answer filed by spouse), only the plaintiff appears (plus the corroborating witness). In an agreed/consent divorce, both spouses may be asked to appear, or only the plaintiff, depending on county practice. Check with your Circuit Court Clerk.
What is a Consent Judgment of Divorce? A Judgment of Divorce where both parties agree on all terms and submit a jointly signed proposed Judgment to the court. The judge reviews and approves it at the final hearing.
Property and Support
How does Michigan divide property? Michigan uses equitable distribution — property is divided fairly based on the circumstances of the parties, not necessarily 50/50. In an agreed divorce, you divide property as you and your spouse agree in a Settlement Agreement.
What is marital property in Michigan? Property acquired during the marriage. Separate property (owned before marriage, inherited, or gifted) is generally kept by the owning spouse, though commingling can affect the separate property character.
Does Michigan consider fault in property division? Michigan courts can consider the parties' "conduct" in property division, but fault typically has limited effect on the property split. Fault is more directly relevant to spousal support decisions.
What is spousal support in Michigan? Michigan uses the term "spousal support" (not alimony). Courts have discretion to award it based on multiple factors including length of marriage, each spouse's earning ability, and the parties' conduct. In an agreed divorce, include spousal support terms (or a mutual waiver) in the Settlement Agreement.
Children
Does NC... does Michigan favor mothers in custody cases? No. Michigan custody decisions are based on the best interests of the child under MCL 722.23. Neither parent has a presumptive custodial advantage based on gender.
What age can a child choose which parent to live with in Michigan? There is no specific age in Michigan law. Courts consider the child's preference as one of the twelve best-interest factors, giving more weight to the preferences of older, more mature children.
How is child support calculated in Michigan? Using the Michigan Child Support Formula (MCSF), which considers both parents' net incomes, parenting time overnights, health insurance costs, and childcare expenses. Use the calculator at courts.michigan.gov.
Until what age does child support continue in Michigan? Until the child turns 18, or 19½ if the child is still in high school full-time and living with a parent. Support terminates automatically at that point.
After the Divorce
How do I change my name after a Michigan divorce? Include a name restoration request in your Complaint. The Judgment will authorize the name change. Take a certified copy to the Social Security Administration first, then the Michigan Secretary of State (driver's license/ID), then update accounts.
Can I modify the Judgment later? Property division in the Judgment is generally final. Spousal support may be modifiable depending on the terms. Child custody and support can be modified when there has been a substantial change in circumstances.
What if my ex doesn't follow the Settlement Agreement? If the Settlement Agreement was incorporated into the Judgment (as it typically is), violations are enforced through contempt of court proceedings in the Circuit Court. For child support specifically, the FOC handles enforcement.
Special Situations
What if my spouse is in another state? You can file in Michigan if you meet Michigan's residency requirements. Your out-of-state spouse can be served by certified mail or through an out-of-state process server.
What if my spouse is in the military? The Servicemembers Civil Relief Act (SCRA) may allow an active-duty spouse to request a stay of proceedings. Military retirement requires a special division order. Consult an attorney familiar with Michigan military divorce.
What if there is domestic violence? Your safety is the priority. Call the National DV Hotline (1-800-799-7233) or Michigan's domestic violence hotline. Michigan has confidentiality protections for domestic violence survivors in court proceedings. Seek legal guidance before filing.
Last reviewed: March 2026 | Michigan divorce forms: courts.michigan.gov | Free help: michiganlegalhelp.org | Legal Aid: legalaid.mich.gov
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.