This toolkit tells you about getting a divorce when you and your spouse have no minor children. For general information about divorce, read the Articles. Read the Common Questions if you have a specific question. If you want to file for divorce, use the Forms link to prepare your forms. The Checklists below have step-by-step instructions for getting divorced. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court: Extra Tips and Forms Toolkit.
Common Questions
You or your spouse must have lived in Michigan for at least the last 180 days before you can file for divorce.
To file for divorce in Michigan, you or your spouse must have lived in Michigan for at least the last 180 days. In general, your divorce must be filed in the circuit court in the county where you or your spouse has lived for at least the last ten days. Most people file where they live, but you don’t have to. You can file where your spouse lives.
There is one exception to the ten day requirement. You can file in any Michigan county regardless of how long you or your spouse lived there if all of the following things are true and you include them in your complaint for divorce:
- The defendant (your spouse) was born in a country other than the United States or is a citizen of another country;
- You and your spouse have a minor child or children; and
- There is a risk that the defendant will take the minor child or children out of the United States to a different country and keep them there, and there is information that would allow the judge to conclude this.
To get a divorce in Michigan, only one spouse must live here. However, if you or your spouse has never lived in Michigan, the court may only have limited jurisdiction in your case. Limited jurisdiction means the court can divorce you, but might not be able to do other things like:
- Make custody and parenting time decisions
- Order child support
- Divide your property
If you think Michigan has limited jurisdiction in your case, consider talking to a lawyer. Use the Guide to Legal Help to look for a lawyer or legal services in your area.
Common Questions
Before you can file a new divorce case, all prior divorce cases must be dismissed. You must tell the court about all other court cases between you and your spouse. If a prior case is still active, the court might not have jurisdiction in a new case. If you have a prior divorce case that might be active, you should talk to a lawyer.
Yes. You can get divorced in Michigan if:
- Your marriage is valid in the place where you were married; and
- You or your spouse has lived in Michigan for at least six months.
Yes. Neither spouse is required to be a U.S. citizen to get a divorce in Michigan. You can get a divorce here as long as one of you has lived in Michigan for at least six months. But if your right to live in the United States depends on your marriage, divorce may affect that right.
If you are in this situation you should consider talking to a lawyer. If you need a lawyer and are low-income, you may qualify for free legal help. Use the Guide to Legal Help to find a lawyer or legal services in your area.
Yes. Separate maintenance is like divorce, but you stay married at the end of the case. The court will still divide your property and make custody, parenting time, and child support orders. You might decide to file for separate maintenance because of your religion or if you want to stay married for other reasons. But, if you file a separate maintenance case and your spouse files a counterclaim for divorce, the court must treat the case as a divorce.
To learn more, read Alternatives to Divorce: Separate Maintenance and Annulment.
Maybe. An annulment is a court decision that your marriage is not valid. You can only get an annulment in certain situations. Reasons for annulment are:
- Bigamy
- Incompetence
- You or your spouse were too young for marriage
- You and your spouse are close relatives
- Your spouse used force or fraud to get your agreement to marry
To learn more, read Alternatives to Divorce: Separate Maintenance and Annulment.
A Michigan court can grant you a divorce if you have a valid common-law marriage. Michigan has not allowed common-law marriage since January 1, 1957. Michigan only recognizes common-law marriages that:
- Were entered into before January 1, 1957; and
- Were entered in a state that recognizes common law marriage
If you think you have a common-law marriage and want a divorce, consider talking to a lawyer. If you need a lawyer and are low-income, you may qualify for free legal help. You can use the “Find a Lawyer” section on this page to look for legal help in your area.
No. Michigan is a “no-fault” divorce state. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce.
The only reason for divorce in Michigan is that “there has been a 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 means there has been a serious, permanent, marital breakdown. It means it is very unlikely you and your spouse can work things out.
Representing yourself in a divorce case is not easy. Consider talking with a lawyer about your rights and options even if you decide not to hire one.
The more complicated the issues in your divorce are, the more important it may be to have a lawyer. Consider talking to a lawyer if:
- You own real estate;
- You have a pension or retirement account;
- You have children that were born while you were married, but one spouse is not the parent;
- You need spousal support (alimony);
- Your spouse has been emotionally, verbally or physically abusive;
- You and your spouse disagree on one or more major issues in your divorce.
Use the Guide to Legal Help to find a lawyer or legal services in your area.
Your divorce is uncontested if you and your spouse agree on all of the divorce issues or if your spouse doesn’t participate. Usually you can handle an uncontested divorce yourself, but you might need a lawyer if the issues in your case are complicated. A contested divorce means you and your spouse disagree about some of the major issues in your divorce. This could include things like:
- Property or debt division
- Custody or parenting time
- Child support
- Spousal support
If you have a contested divorce, consider talking to a lawyer. If you are low-income, you may qualify for free legal services. Use the Guide to Legal Help to find a lawyer or legal services in your area.
No. You don’t have to be separated or living apart to get a divorce.
Start your divorce case by filing a Summons and Complaint for Divorce. You must file in the circuit court in the county where either you or your spouse has lived for at least the last ten days.
You can use our Do-It-Yourself Divorce to create the forms you need. If you file for divorce you are the plaintiff and your spouse is the defendant.
If you and your spouse have minor children together, there is a $255 fee for filing your case. If you do not have minor children, the filing fee is $175. There may also be other costs such as:
- Fees for having papers served on your spouse
- Motion filing fees
- Fees for mediation or similar services
You can ask the court to waive your fees if you get public assistance or are low-income. You can use our Do-It-Yourself Fee Waiver to do this. To learn more about waiving fees and costs, read Fee Waivers in Court Cases.
To learn about serving divorce papers, read How to Serve Divorce Papers.
You must serve your spouse with the divorce papers to give your spouse legal notice that you filed for divorce. If you can’t find your spouse, you must get a court order for alternate service. Alternate service allows you to serve the divorce papers by publication in a newspaper or another way.
To get an order for alternate service, you must file a Motion and Verification for Alternate Service. In the motion, you must include everything you did to try to find your spouse. Also, the process server must list what efforts were made to serve your spouse. If the judge agrees you did everything you could to try to find your spouse, he or she will probably grant your motion.
Having a spouse on active military duty can complicate your divorce case. It may be difficult to find and serve papers on a service member stationed overseas. There are also state and federal laws that give people on active duty extra protections in civil cases. For example, the court won’t enter a default judgment against an active-duty spouse without first appointing a lawyer for him or her.
If you are filing for divorce and your spouse is on active military duty, you should consider talking to a lawyer. If you are low-income, you may qualify for free legal services. Whether you are low-income or not, you can use the “Find a Lawyer” function to look for legal help in your area.
You must notify the court that your spouse is in prison. In your complaint, you must state the following:
- That your spouse is incarcerated
- Your spouse's prison number
- Your spouse's location
- That a telephonic or video hearing is required by Michigan Court Rule 2.004.
You must also notify your spouse about the divorce case even if they are in prison. Having papers served on an inmate is usually not hard. Call the Department of Corrections to confirm the incarceration and the other party's prison number and location. Then mail a copy of the complaint and other papers you filed to the prison. Also include the proof of service so the server can fill it out and send it back to you. Mail the papers by registered or certified mail, with service restricted to your spouse and a return receipt requested.
A prison employee can serve the papers and send you back the completed proof of service form along with the return receipt (this looks like a green card). Most Michigan prisons have a litigation coordinator to help with this process. You can also use the Personal Service on Prisoner and Affidavit form to ask the Warden or Administrator of the prison to serve the papers.
When you receive the completed proof of service from the prison, attach the return receipt before filing it with the court clerk's office.
The court must allow your spouse to participate in your divorce case by phone, video conference, or in person.
Your spouse can’t stop you from getting a divorce. Michigan is a “no-fault” divorce state. This means you don’t have to prove cheating, abandonment, abuse, or anything else to get divorced.
Even if your spouse shows up in court and says “I don’t want a divorce,” you can get one. If your spouse doesn’t file an answer or participate in the case, you can still get a divorce.
It depends. There is a 60 day waiting period if:
- There were no children born during your marriage; and
- You aren’t expecting a child
There is a 180 day waiting period if:
- there were children born during your marriage; or
- you are expecting a child
The waiting period starts when you file for divorce. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. In a divorce with children, the judge can waive part of the waiting period if your case involves unusual hardship or a compelling need to shorten the waiting period. The judge cannot make the total waiting period less than 60 days.
The waiting period is the minimum time your divorce will take. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced.
Some things that get decided in a divorce without minor children are:
- Your marriage is dissolved
- Division of your marital property and debt
- Whether one spouse should pay spousal support
Yes. You and your spouse can work out your own settlement. However, the court won’t approve your property and debt division unless it is fair to both of you. The custody, parenting time, and child support terms must also be in your children’s best interests. For more information on how the court views the best interests of children, read the article, The “Best Interests of the Child Factors”.
Domestic relations mediation is a process that the court can use to help resolve contested issues in a family law case. The mediator is a neutral person who helps you and the other party work out an agreement in your case. You could be referred to mediation if you agree to it or if the judge orders it. You and the other party will pay the mediator a fee.
If any issues remain unresolved at the end of mediation, you can ask the mediator to make a written recommendation to the judge about how to solve those issues.
Some cases are not appropriate for mediation. Your case might be excused from mediation for any of the following reasons:
- You or the other party have a personal protection order against the other
- Your children have been abused or neglected
- There has been domestic violence in your relationship, unless you both have attorneys at the mediation sessions
- You or the other party are not able to negotiate for yourself at the mediation, unless you both have attorneys at the mediation sessions
- There is reason to believe that the health or safety of one or both of you will be put at risk by mediation
Arbitration is an alternative to trial when the parties can’t reach an agreement on their divorce issues. Arbitration is different from mediation because the arbitrator’s decisions are binding. The arbitrator will make decisions and issue orders that are enforceable, just as a court would.
You can’t be ordered to participate in arbitration. The court will only send your case to arbitration if you and your spouse agree to it on the record.
Domestic violence is serious and can impact the issues in your divorce. If your spouse has been verbally, emotionally or physically abusive, you should consider talking to a lawyer. If you are low income, you may qualify for free legal services. Whether you are low-income or not, you can use the “Find a Lawyer” function to search for legal help.
You can also read the Domestic Violence and Divorce Toolkit to:
- Learn more about domestic violence; and
- Find helpful organizations in your area
It is not against any law to date during your divorce. But, dating could affect some of the issues in your divorce, like custody and parenting time. The judge in your case could also order you and your spouse not to have someone you are dating around your children during your divorce.
You can file a form to dismiss your case anytime before the Judgment of Divorce is entered. But your case will continue if your spouse filed a counter-claim for divorce against you and wants the divorce to continue.
If you dismiss your divorce case and later want to go through with it:
- You must file a new case;
- Your waiting period will start over; and
- Orders from the first case will no longer be valid.
If you are a woman who took her husband’s last name, you have the choice of keeping your married name or changing it. Your Judgment of Divorce can restore your maiden name or the last name you used before your marriage. Or, the judge can allow you to take a different last name. However, you must not be asking for the name change to commit fraud or for another bad purpose. For example, you can’t change your name to avoid a creditor or hide a criminal record.
The law in Michigan doesn’t work the same way for men. Men aren’t able to change their name automatically when they divorce. Instead, they must go through the process of petitioning the court for a name change. To learn more, see the Name Change toolkit.
The property and debt division must be fair. This usually means a 50/50 split, where each spouse gets an equal share. To decide what is fair in your case, the court may consider:
- Length of marriage
- Contributions to the marital estate. Contributions include income and other contributions, like being the primary parent
- How old each spouse is
- How each spouse's health is
- Your standard of living
- The needs of each spouse
- The ability of each spouse to earn a living
- Fault
- General principles of fairness
All the property and debt you acquired during your marriage gets divided. Property one of you had before your marriage can also be divided if necessary to create a fair division. A fair division of property and debts does not always mean a 50/50 split. There may be reasons, such as who is at fault in the break-up of the marriage, to divide the property 60/40 or some other way.
During a divorce the parties normally try to divide all of their marital property and debt in a way that is equal. If the parties can’t agree how to divide their property and debt, the court will decide on a fair division.
Separate property is property that does not get included in your property division. Separate property includes property that:
- One spouse owned before the marriage
- One spouse received as an inheritance or gift
Separate property is normally kept by the owner. But, the court can include separate property in your divorce if:
- The marital property is not enough to support the non-owner spouse and children; or
- The non-owner spouse somehow contributed to the value of the property.
A prenuptial agreement can be enforced if:
- It is in writing and signed by you and your spouse;
- You signed it voluntarily and with full disclosure;
- There was no fraud, mistake, or bullying;
- It was fair when you signed it, and circumstances have not changed enough to make its enforcement unfair.
If you signed a prenuptial agreement and are filing for divorce, consider talking to a lawyer. If you need a lawyer and are low-income, you may qualify for free legal help. You can use the “Find a Lawyer” section on this page to look for legal help in your area.
Your marital home will be part of the property settlement in your divorce. The decision about ownership of the home will not determined by who moves out; instead, it will be made when all of the marital property and debts are divided.
Even if you and your spouse agree that you can stay in your marital home, your spouse will probably want to be paid for his or her share of the home. If you do stay in your marital home, you will have to figure out how to continue to pay your mortgage after your divorce. Usually when you are awarded property in a divorce, you also become responsible for the debt related to the property.
Sometimes the marital home must be sold because the parties need different places to live and the marital home is too expensive for one person.
Alimony (spousal support) is not common. You and your spouse can agree that you should get spousal support as part of your divorce. However, if you don’t agree, the court must decide the issue in a trial. To decide whether your spouse must pay spousal support, the court will consider:
- How long you have been married
- Your ability to work
- What property you are getting in the divorce
- Your age
- Your spouse’s ability to pay support
- Your present situation and needs
- Your health and your spouse's health
- Your standard of living
- Whether your spouse is responsible for your support
- Fault
- General principles of fairness
Pension and retirement plans are marital property. This means the court will decide how to divide them in your Judgment of Divorce. The judge may give you part of your spouse’s retirement benefits as part of the property division in your divorce. If you have a retirement plan or pension, the court may also give part to your spouse.
Children who are included in your divorce are:
- Minor children you and your spouse have together
- Minor stepchildren who were legally adopted by the other spouse
- Minor children born or conceived during your marriage who have a different father, unless the judge revokes the husband's paternity
In Michigan, a husband is the legal father of any child conceived or born during the marriage. When a child has a different biological father, the husband and wife may agree that they want the husband to continue as the legal father after their divorce. However, one or both spouses may want to ask the judge to revoke (undo) the husband's paternity so he is no longer the legal father.
To learn more about revoking paternity, use the toolkit I Need to Revoke (Undo) My Husband's Paternity or the toolkit I Need to Revoke (Undo) My Paternity of My Wife's Child.
Yes, you can file for divorce if you are pregnant or your spouse is pregnant. You must tell the judge about the pregnancy in your divorce complaint. The judge may require you to wait for your divorce to become final until after the birth. A judge might do this to make sure the custody, parenting time, and child support arrangements in the Judgment of Divorce are complete.
No. Although Michigan law requires parents to provide health insurance for their children, there are no such laws for a spouse. However, the court may require your spouse to maintain your health insurance during the divorce process.
Additionally, under COBRA (a federal law) your spouse's employer must allow you to be covered by its health insurer for three years after your divorce. However, you must pay the premiums, which will probably be more expensive than when you were covered as a spouse. Also, COBRA doesn’t apply to very small companies (those that have less than 20 employees).
The Friend of the Court (FOC) is part of the family division of the circuit court. The FOC helps the court in cases involving custody, parenting time, and child support. Some of the duties the FOC performs are:
- Investigating and issuing recommendations about custody, parenting time, and child support
- Helping the parties settle disputes during and after their case
- Providing enforcement services on existing custody, parenting time, and support orders
In addition, some FOC offices (but not all) investigate and issue recommendations about spousal support.
To learn more, read Friend of the Court Overview.
If a Friend of the Court referee issues a recommendation in your case and you do not file an objection within 21 days after you are served, the recommendation can become an order. However, the judge is not bound by a FOC recommendation and can choose not to make it an order.
You may be able to opt out of FOC services in your case if both you and the other party agree to opt out.
To learn more, read Friend of the Court Overview.
Yes. To get your court fees waived, you must file a Waiver/Suspension of Fees and Costs. This form tells the court that you can't afford to pay the fees in your case, and it asks for a waiver. You can use our Do-It-Yourself Fee Waiver to complete the affidavit.
The affidavit must be signed by the person who needs the waiver. If you are under 18 or can’t sign because of a disability, someone who has personal knowledge of the facts can sign. The affidavit must be signed in front of a notary public or a court clerk. You will need photo identification to show that you are the person signing. You may have to pay a fee for a notary.
If you get public assistance, your fees will be waived. In all other cases, a judge will review your request and decide whether to waive your fees. You may have to wait for the review and decision, so plan ahead. You can’t file your court papers until the judge grants a waiver or you pay the fee.
If you are a person with a disability and have to go to court, you can ask the court to provide you with an accommodation so you can fully participate in the court activity.
To make your request, complete our Do-It-Yourself Request for Accommodations and mail or deliver the form to the court administrator in the court where the activity will take place.
You should mail or deliver your Request for Accommodations as early as possible so the court can consider it and arrange for the accommodation(s) if it grants your request. If you don’t file your request before the court activity starts, but the activity is on-going (like a hearing that lasts more than a day), file your request as soon as you can.
Examples of accommodations that may be available are:
- Interpreter for deaf (such as a sign language interpreter)
- Assistive listening device
- Handicap accessibility (such as use of a service animal)
- Other accommodations depending on your need
Each court has an Americans with Disabilities Act (ADA) Coordinator. You can find your court’s ADA Coordinator on Michigan’s One Court of Justice website.
It could. Michigan is a “no fault” divorce state, which means you don’t have to prove your spouse did something wrong to get a divorce. But the judge can consider fault to decide how to divide your property and debt.
It could. Michigan is a “no fault” divorce state, which means you don’t have to prove your spouse did something wrong to get a divorce. But the judge can consider fault to decide whether to award spousal support.
Mediation can be helpful when the parties have equal power. Both parties must be able to say what they want, without being afraid or pressured.
Threats and control are common in relationships where one person is abusive. If the abuser is used to being in charge and making all the decisions, mediation probably won’t work well.
Mediation may be even more of a problem if the other party abused you and you don’t have a lawyer. If you need a lawyer and are low-income, you may qualify for free legal help. You can use the “Find a Lawyer” section on this page to look for legal help in your area.
No. Quitclaim deeds are used to transfer real property, such as houses and land. Cars and mobile homes are not real property.
Cars and mobile homes are properties that use titles to transfer ownership, not deeds. Neither your Judgment of Divorce nor the judge will transfer a title for you. You and your spouse must sign and file the paperwork with the Secretary of State to transfer title to a car or mobile home.
You can use a quitclaim deed or a warranty deed to transfer your property. Unlike warranty deeds, quitclaim deeds do not make any guarantees about the property title. With a quitclaim deed, the person selling or giving up the property is not responsible for any title defects.
It is common to use a quitclaim deed to transfer property after a divorce because people who have been married are likely to know about the property they are getting and if there is clear title. If you have concerns about title, you may want to consider using a warranty deed instead and doing a title search.
To learn more about the difference between quitclaim deeds and warranty deeds, read the article Quitclaim Deeds and Divorce.
You need a new deed to transfer real estate after your divorce if your name and your ex-spouse’s name are both on the current deed. You also need a new deed if the current deed is not in the name of the person keeping the property.
It is possible for a Judgment of Divorce to transfer the property. After a divorce, ex-spouses usually use a deed to transfer property so that the Judgment of Divorce is not part of the property records that anyone can search. But, if your ex-spouse does not complete his or her part of the quitclaim deed, you can transfer the property by recording your Judgment of Divorce at the Register of Deeds.
If your ex-spouse does not sign the quitclaim deed or give it to you so you can record it, you have two options. You can file a motion asking the judge to enforce the Judgment of Divorce. The judge could fine or jail your ex-spouse for disobeying the Judgment. This might convince your ex-spouse to do his or her part.
If this does not work, or if you don’t want to go back to court, you can take your Judgment of Divorce to the Register of Deeds and record it instead of the quitclaim deed. If you do this, anyone searching the title to the property will be able to see your entire Judgment of Divorce.
No. The judge will not change the names on a deed for you. You have to prepare and complete a quitclaim deed and record it with the Register of Deeds.
No. A quitclaim deed will not change who is responsible for the mortgage. The person keeping the property will need to refinance the mortgage in his or her name alone. However, this may not be possible if the property is worth less than the amount of the mortgage, if the person keeping the property has bad credit, or for other reasons.
If you are the person transferring your property to your ex-spouse, you must sign the quitclaim deed in front of a notary. Then, you must give the deed to your ex-spouse. Your ex-spouse must sign the deed. Then, your ex-spouse must take the deed to be recorded at the Register of Deeds.
If you or your ex-spouse prepared a quitclaim deed using the Do-It-Yourself Quitclaim Deed (after Divorce), detailed instructions will print out with the deed.
If your spouse already filed for divorce, go to the toolkit My Spouse Filed for Divorce, and We Do Not Have Minor Children. This toolkit has information about being the defendant in a divorce case.
You can use the Divorce Answer and Counterclaim Forms to prepare an Answer and/or Counterclaim.
When your child is born, you can file a Motion or Complaint to Determine Child Born Out of Wedlock. To ask the judge to revoke (undo) your husband’s status as legal father, either you, your husband, or the biological father must file this motion or complaint. Otherwise, your husband will be your child’s legal father, and the biological father will not have any parental rights or responsibilities.
You can use the Do-It-Yourself Revoke Paternity Established by Marriage to prepare the forms you need to ask the judge to revoke your husband's paternity.
If you do not change your last name when you divorce, you may later decide to change your name. In that case, you must go through the process of petitioning the court for a name change. To learn more, see the Name Change toolkit.
You can change your mind about getting divorced, but a lot depends on where you are in the divorce process. Typically, the way to close a case is by filing a Dismissal.
If you filed a complaint for divorce, and your spouse has not filed an answer or motion in the case, you can file a Dismissal. You can do so without your spouse’s consent. If your spouse has already filed an answer or motion, you can only file a Dismissal if your spouse agrees to dismiss the divorce. In that situation, your spouse also must sign the Dismissal.
You can use our Do-It-Yourself Divorce Dismissal tool to prepare the form you need.
If you dismiss your divorce case and later want to go through with it:
- You must file a new case;
- Your waiting period will start over; and
- Orders from the first case will no longer be valid.