Michigan Divorce: What You Need to Know

In Michigan, divorce is the legal process of terminating a marriage. The Family Division of the Circuit Court handles divorce cases. Those interested can file for divorce in the Family Division of the Circuit Court in the county where their spouse lives. Find out how divorce operates in Michigan, residency requirements, waiting periods, different types of divorce, and how to access divorce records.

How Does Divorce Work in Michigan?

In Michigan, you have to follow certain residency rules before you can file for divorce. Those interested can file for divorce if they or their spouse has lived in Michigan for at least 180 days before filing the complaint.

Michigan is a no-fault divorce state, meaning that a marriage can be ended due to irreconcilable differences. However, factors such as cheating, abuse, or not handling money well can affect the court's choices regarding alimony, custody, or how property is divided.

Michigan has a mandatory waiting period. If there are no minor children, the divorce can be finalized after a 60-day waiting period. However, if there are children, you must wait six months.

The duration for finalizing a divorce in Michigan varies. Uncontested divorces may be finalized shortly after the waiting period. On the other hand, a contested case can take a year or longer, depending on disputes and trial schedules.

Types of Divorce in Michigan

Michigan law allows for several approaches to divorce:

• Uncontested divorce: Uncontested divorce means that both parties agree on custody, property, and financial issues. These cases are resolved more quickly and at a lower cost.
• Contested divorce: In a contested divorce, both parties disagree over custody, property, or alimony. These cases require more court involvement and may go to trial.
• No-fault divorce: No-fault divorce means that either party can ask for divorce, alleging irretrievable breakdown of the marriage.
• Collaborative divorce: This allows couples to negotiate outside of court with attorneys and mediators, avoiding trial.
• Legal separation (separate maintenance): In Michigan, couples can request a legal separation, which establishes court-ordered arrangements for custody, support, and property division.

Michigan Divorce Court Process and Forms

Divorces in Michigan are filed in the Family Division of the Circuit Court of the county where either spouse resides. The process begins when one spouse, known as the plaintiff, submits a Complaint for Divorce.

Other documents may include:

• Summons
• Verified Statement
• Confidential Case Inventory
• Financial Disclosure forms
• Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) affidavit if children are involved
• Parenting Plan

Once a divorce complaint is filed, you are required to inform your spouse about the complaint and summons. This can be done by a sheriff, a process server, or through certified mail. Your spouse has 21 days to respond. However, if they are served by mail or are outside of Michigan, they have 28 days to reply.

Both spouses are required to disclose their financial information. This will include their income, debts, assets, and expenses. If children are involved, Michigan law requires parents to complete a parenting class before any custody orders can be finalized.

Judges may order mediation in cases where the couple does not agree on child custody. If no agreement can be reached after mediation, the case will proceed to trial.

The divorce is deemed final when the judge signs a Judgment of Divorce, which officially ends the marriage and sets orders for custody, child support, property division, and alimony.

City- and County-Level Filing Details

In Michigan, divorces are filed at the county level. Below are the filing details for a few of the biggest counties in the state:

• Wayne County (Detroit):
  • Courthouse: Third Judicial Circuit Court, Family Division. Coleman A. Young Municipal Center, 2 Woodward Avenue, Detroit, MI 48226.
  • Services: The Third Judicial Circuit Court allows you to access case records online. Additionally, the court offers mediation services for custody disagreements.
• Oakland County (Pontiac):
  • Courthouse: Oakland County Circuit Court, Family Division. 1200 N. Telegraph Road, Pontiac, MI 48341.
  • Services: This court provides online forms and self-help packets for those who need them. It also suggests parenting classes that are necessary for divorces involving children.
• Macomb County (Mount Clemens):
  • Courthouse: Macomb County Circuit Court, Family Division. 40 N. Main Street, Mount Clemens, MI 48043.
  • Services: The Macomb County Circuit Court has options for online filing. This court also mandates mediation in custody disputes.
• Kent County (Grand Rapids):
  • Courthouse: Kent County Circuit Court, Family Division. 180 Ottawa Avenue NW, Grand Rapids, MI 49503.
  • Services: Kent County Circuit Court Clerk provides filing instructions.
• Washtenaw County (Ann Arbor):
  • Courthouse: Washtenaw County Trial Court, Family Division. 101 E. Huron Street, Ann Arbor, MI 48104.
  • Services: This court provides downloadable forms online. It also encourages mediation in contested cases.

Each county’s clerk of court provides instructions and forms specific to that court.

How to Search for Divorce Records in Michigan

Divorce records are open to the public. However, personal details such as Social Security numbers, bank account information, and information about minor children are kept private. The Clerk of the Circuit Court in the county where the divorce occurred is in charge of maintaining these records.

Ways to access records include:

• At the courthouse: You can request certified copies of divorce decrees and complete case files from the county clerk for a fee.
• Online: Several counties, like Wayne and Oakland, allow the public to access case information remotely through their court websites. Interested persons can also use the Michigan Courts MiCOURT Case Search system to look up divorce cases in their county.
• Vital Records: You can obtain divorce certificates from the Michigan Department of Health and Human Services, Vital Records Office. Records are available for divorce cases since 1897.
• Third-party services: Some private record search websites may offer case information, but only the court or Vital Records can provide certified copies.

Divorce records usually include the names of both spouses, the date and county of the divorce, the case number, and the judge’s rulings on custody, support, property division, and alimony. The Judgment of Divorce is the official document that verifies the marriage has been legally ended.

Key Points

• Divorce in Michigan is filed in the Circuit Court, Family Division, of the county where either spouse lives.
• Residency requires six months in the state and ten days in the county.
• Michigan is a no-fault divorce state.
• Waiting periods: 60 days without children; six months with children.
• Most courts require parents to complete a parenting class in custody disputes.
• Divorce records are public information. Anyone can request these records from county clerks. Additionally, interested persons can access case information through MiCOURT. Divorce certificates are also available from the state Vital Records Office.