Divorce laws in Michigan are complex, and navigating the process can be daunting for those unfamiliar with it. This guide will explain the basics of the divorce process in Michigan, as well as some of the important laws and considerations that need to be taken into account.
When initiating a divorce, it is important to understand that one or both spouses must be a resident of the state of Michigan. This can mean living in Michigan for at least 180 days immediately preceding the filing of the divorce complaint.
Merely possessing a Michigan driver’s license or owning property in Michigan is not enough to meet this requirement and it is important to ensure that residency requirements are met.
After a resident spouse has met the residency requirements, they must then file a complaint for divorce with the county clerk. Along with the complaint, a financial disclosure statement must be submitted. This will help the court understand the financial situation of the parties involved and structure the divorce properly.
Upon filing the complaint, the court will issue a summons. The defendant (the non-filing spouse) must be served in person with a copy of the complaint and the summons no later than 90 days after filing the divorce complaint.
Once that is accomplished, the divorce process can begin. The next step is for both spouses to agree to terms if a joint settlement is possible, or if the spouses cannot reach an agreement the court must decide on the marital issues of division of property, custody of children, child support, and alimony. In the case of a contested divorce, either spouse may hire an attorney to represent them in the proceedings.
In Michigan, all couples must complete a Parenting Education Program before the court will issue a final judgment. This program educates both parents on the best parenting skills and how to support the healthy development of their children as they go through the divorce. The program also helps couples learn how to co-parent in a way that works for their family.
Finally, it is important for those involved in a divorce to be aware of Michigan’s waiting period. After all paperwork is filed and the service of the summons is accomplished, a 90-day waiting period must be observed before a divorce can be finalized. This waiting period may be waived in certain circumstances, such as if there has been extreme cruelty or other unjustifiable behavior.
Divorce laws in Michigan can be confusing and emotionally draining for those involved and best navigated with the help of legal counsel.
The stages of a divorce under Michigan law (MCL 552.6) are generally as follows:
When two parties in a long-term marriage are requesting divorce or when the divorce is high net worth and involves sizeable assets, the Michigan divorce process can be complicated. Most divorces are more difficult, even though some can be fairly simple if there are few marital assets, no children from the marriage, or when the parties can agree on every aspect of the divorce. As a result, the majority of divorce proceedings involve many steps, one of which is referred to as “discovery.”
Complaint or divorce petition
One of the parties initiates the divorce process by submitting a complaint (also referred to as the petition) to the relevant court. The other party is then served with the complaint. Once the other spouse (the one who is not divorcing) receives the complaint, they have a chance to respond. This is referred to as “answer.”
Interim orders
Even though the divorce is still pending, there are a number of reasons why an interim order might be required. Interim orders often deal with issues like child custody, child support, and spousal support.
Discovery
At this stage of the process, both parties can ask the other for information. Below, we’ll go into more detail about this step of the procedure.
What is Discovery?
In legal terms, discovery is the pre-trial process of obtaining facts and information relevant to the dispute in question. This involves both parties sharing documents and other materials that may be pertinent to the case. It also includes questioning of parties, witnesses, or experts in order to gain more clarity on the situation.
The types of evidence that can be obtained during this process depend largely on local rules and regulations; however, common measures may include interrogatories, requests for production of documents, depositions or physical examinations. This allows for a better understanding of the facts in dispute which then guides attorneys as they prepare for further proceedings and trials.
Hearing/ trial
Both parties may need to appear before a judge more than once, and frequently. Before the divorce court renders a decision, the parties will typically require to appear in court.
Judgment
The court will declare a divorce after hearing the case. Information about child custody, spousal support, property division, and other matters can be resolved by the divorce judgment.
Some people may be able to use cooperative divorce or alternative dispute resolution methods because not all divorce cases will go through a protracted divorce process. For instance, some couples might decide to settle their dispute through mediation.
Read the laws in detail by clicking the links below. This will take you to the Michigan Compiled Laws website which will have the most current information.
Chapter 552 – DIVORCE
| Document | Type | Description |
| R.S. of 1846 | Statute | Revised Statutes of 1846 (552.1 – 552.46) |
| Act 259 of 1909 | Statute | JUDGMENTS OF DIVORCE OR SEPARATE MAINTENANCE (552.101 – 552.104) |
| Act 52 of 1911 | Statute | ALIMONY AWARDED BY COURT OF ANOTHER STATE (552.121 – 552.123) |
| Act 379 of 1913 | Statute | COLLECTION OF ALIMONY OR SUPPORT AND MAINTENANCE (552.151 – 552.156) |
| Act 239 of 1913 | Statute | Repealed-FAILURE TO PAY SUPPORT AND MAINTENANCE (552.201 – 552.203) |
| Act 412 of 1919 | Statute | Repealed-FRIEND OF COURT IN DIVORCE CASES (552.251 – 552.255) |
| Act 243 of 1889 | Statute | Repealed-PROPERTY AND MAINTENANCE FOR WIVES (552.301 – 552.302) |
| Act 152 of 1873 | Statute | Repealed-PROPERTY AND MAINTENANCE FOR WIVES (552.333 – 552.333) |
| Act 299 of 1905 | Statute | CHANGE OF NAME OF DIVORCED WOMAN (552.391 – 552.391) |
| Act 42 of 1949 | Statute | AWARD OF PROPERTY OWNED BY SPOUSE TO PARTY (552.401 – 552.402) |
| Act 138 of 1966 | Statute | THE FAMILY SUPPORT ACT (552.451 – 552.459) |
| Act 294 of 1982 | Statute | FRIEND OF THE COURT ACT (552.501 – 552.535) |
| Act 295 of 1982 | Statute | SUPPORT AND PARENTING TIME ENFORCEMENT ACT (552.601 – 552.650) |
| Act 216 of 1985 | Statute | INTERSTATE INCOME WITHHOLDING ACT (552.671 – 552.685) |
| Act 310 of 1996 | Statute | Repealed-UNIFORM INTERSTATE FAMILY SUPPORT ACT (552.1101 – 552.1901) |
| Act 255 of 2015 | Statute | UNIFORM INTERSTATE FAMILY SUPPORT ACT (552.2101 – 552.2905) |
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As with everything – laws, rules, regulations, statues, licensing, etc… change and evolve. Before acting upon any information found on this site or the internet, please consult a local attorney experienced in family law or divorce law.