12 Michigan Divorce Mistakes to Avoid (2026)

Michigan's divorce process is genuinely manageable for self-represented filers — but certain mistakes cause unnecessary delays, wasted fees, or outcomes that can't be easily fixed. Here are the twelve most common ones.

Disclaimer: This is general legal information, not legal advice. Consult a licensed Michigan family law attorney if you're uncertain.

Mistake #1 — Showing Up to the Final Hearing Without a Corroborating Witness

Michigan requires a corroborating witness at the final divorce hearing — someone who can testify (or in some counties provide a sworn affidavit) that the marriage has broken down. If you arrive without one, the hearing will not proceed.

What happens: The judge cannot grant the divorce. The hearing is postponed. You schedule again, wait for another available date, and try again — adding weeks to the process.

How to avoid it: Identify your corroborating witness before you file. Confirm they can appear at the final hearing. If your county accepts affidavits in lieu of testimony, have the affidavit prepared and notarized before the hearing. Never assume this step will take care of itself.

Mistake #2 — Using DC 100a When You Have Minor Children (or DC 100c When You Don't)

Michigan has two different Complaint forms: DC 100a (no minor children) and DC 100c (with minor children). Filing the wrong form is a defect that the Clerk may or may not catch at filing — and if it makes it through to the judge, it creates confusion and delays.

What happens: The Complaint is rejected or returned for correction. You refile with the correct form. Time and money wasted.

How to avoid it: Before you print and complete any form, confirm whether you have minor children together. Minor children = DC 100c. No minor children = DC 100a.

Mistake #3 — Thinking the Wait Period Is 60 Days When You Have Children

The mandatory wait is 60 days without minor children and 180 days with minor children. These are not interchangeable. Many filers who have minor children assume — or hope — the 60-day period applies.

What happens: You schedule the final hearing at Day 60, show up, and the judge cannot proceed because the statutory wait for your case (with children) is 180 days. The hearing is rescheduled for Day 180 at the earliest. You've wasted a court date.

How to avoid it: Count correctly from the start. If you have minor children, your earliest possible hearing date is 180 days after the filing date.

Mistake #4 — Not Filing FOC Forms When Required

When minor children are involved, the Friend of the Court requires specific forms at or near the time of filing — including income information, custody/parenting time proposals, and child support worksheets. These requirements vary by county.

What happens: The FOC can't open your case properly. There are delays in their recommendations and in scheduling. Your case sits in limbo.

How to avoid it: Contact the FOC office in your county before filing and ask specifically which forms they require and when. Submit them on time.

Mistake #5 — Not Attaching a Child Support Worksheet

Michigan courts require that child support be calculated using the Michigan Child Support Formula (MCSF). A support amount in your Settlement Agreement or Consent Order without the accompanying MCSF worksheet leaves the judge without the basis to review it.

What happens: The judge cannot approve child support that isn't backed by a formula calculation or written deviation findings. The hearing is postponed, or the judge enters a support figure independently.

How to avoid it: Run the Michigan Child Support Calculator at courts.michigan.gov. Print and attach the completed worksheet. If you and your spouse agree on an amount that deviates from the guideline, include written findings explaining why the deviation is in the children's best interests.

Mistake #6 — Not Meeting the County Residency Requirement Before Filing

Michigan requires 180 days of state residency AND 10 days of county residency. The county requirement catches people who recently moved to a new county but haven't hit the 10-day mark.

What happens: The Complaint is filed in the wrong county, or the county residency requirement isn't met. The case may be dismissed or transferred.

How to avoid it: If you recently moved counties, wait until you have lived in your new county for 10 full days before filing there. Alternatively, if you and your spouse live in different counties, confirm which county you're eligible to file in.

Mistake #7 — Scheduling the Final Hearing Without Confirming the Date Clears the Wait Period

You file, then immediately call the court to schedule the final hearing for "as soon as possible." The court scheduler gives you a date — which turns out to be before Day 60 (or Day 180).

What happens: You arrive at the hearing and the judge cannot proceed — the mandatory waiting period hasn't elapsed. Rescheduled.

How to avoid it: Calculate your earliest eligible hearing date before calling to schedule. Tell the scheduler your filing date and confirm the date they offer is on or after Day 60 (no children) or Day 180 (with children).

Mistake #8 — Leaving the Settlement Agreement Unsigned at the Time of the Hearing

In an uncontested agreed divorce, both parties sign the Settlement Agreement before the final hearing. Showing up with an unsigned agreement — because one spouse still has questions or is wavering — means the hearing cannot conclude.

What happens: The hearing is postponed. You reschedule, re-sign, and return. Meanwhile, the case sits open.

How to avoid it: Have the Settlement Agreement fully signed (by both parties, notarized) before the hearing is scheduled. Don't schedule the hearing until the agreement is done.

Mistake #9 — Not Refinancing the Mortgage After Awarding the Home to One Spouse

The Settlement Agreement assigns the home to one spouse. That spouse doesn't refinance the mortgage. The other spouse's name remains on the mortgage — sometimes for years.

What happens: The spouse who isn't living in the home is still legally liable to the lender. Their credit suffers if payments are missed. They can't get a mortgage of their own because they're already encumbered by this one. Enforcing the refinancing obligation through court can take months.

How to avoid it: Set a firm deadline for refinancing in the Settlement Agreement (e.g., 90 days from the Judgment date). Include a fallback: "If the mortgage is not refinanced by this date, the property shall be immediately listed for sale." Make the consequence real and enforceable.

Mistake #10 — Failing to Record the Deed After the Divorce

The Judgment of Divorce does not transfer real estate title. A separate deed must be prepared, signed, and recorded with the county Register of Deeds. Many people get the Judgment, move on with their lives, and never complete the deed transfer — leaving the leaving spouse on title indefinitely.

What happens: When the keeping spouse tries to sell or refinance years later, the leaving spouse is still on title. Getting them to sign a deed after the fact — when they may have moved, remarried, or simply be uncooperative — can be difficult or impossible without court intervention.

How to avoid it: Include a deed transfer deadline in the Settlement Agreement. After the refinancing closes, have the deed prepared immediately and record it with the Register of Deeds before the matter is forgotten.

Mistake #11 — Forgetting a QDRO for Retirement Accounts

Retirement accounts (401k, 403b, pension) cannot simply be retitled by agreement — they require a Qualified Domestic Relations Order (QDRO) — a separate court order that must be approved by the plan administrator. Without a QDRO, the plan won't divide the account, and any improper attempted transfer triggers taxes and penalties.

What happens: The receiving spouse discovers years later that no QDRO was ever filed. The retirement account was never actually divided. Attempting to correct this long after the divorce can be costly and complicated.

How to avoid it: Identify every employer-sponsored retirement plan at the outset. Include QDRO language in the Settlement Agreement. Engage a QDRO specialist promptly after the divorce. QDROs typically cost $400–$1,500.

Mistake #12 — Not Getting Enough Certified Copies of the Judgment

Most people get one certified copy of the Judgment of Divorce. Then they discover they need it for the SSA, the Secretary of State, the bank, the employer, the retirement plan administrator, the title company, and more — simultaneously.

What happens: You have to return to the courthouse multiple times, paying per-copy fees and waiting in line each time. In the meantime, name change and title transfer processes are stalled.

How to avoid it: Request 3–5 certified copies of the Judgment at the time of the final hearing. The marginal cost per copy is small — the time saved is significant.

Last reviewed: March 2026 | Michigan divorce forms and instructions: courts.michigan.gov | michiganlegalhelp.org

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