Michigan Divorce Filing Checklist 2025

Michigan divorce filing requires meeting a 180-day state residency requirement and a 10-day county residency requirement before you can file with the Circuit Court. This comprehensive checklist covers everything you need for filing for divorce in Michigan: residency and venue rules under MCL 552.9, no-fault grounds under MCL 552.6, required forms (MC 01, MC 416, FOC 23, CC 320), MiFILE e-filing system, and filing fees of $175 without minor children or $255 with minor children. Whether you're planning an uncontested divorce or preparing for a contested case, this guide provides a clear roadmap for 2025.

Michigan Divorce Residency Requirements

Before you can file for divorce in Michigan, you must meet the state's residency and venue requirements. Under MCL 552.9, at least one spouse must have resided in Michigan for at least 180 days immediately before filing.

Additionally, that spouse must have resided in the county where the case is filed for at least 10 days immediately before filing. Only one spouse needs to meet these residency requirements. There is a narrow exception to the 10-day county requirement when the case involves minor children and there is a credible risk of international child removal by a foreign-born or foreign-citizen defendant.

Filing in Michigan Circuit Court

All Michigan divorce cases are filed in the Circuit Court (Family Division) for the county that meets the venue requirement. Most Michigan courts accept or require e-filing via MiFILE, the state's official e-filing system. MiFILE is accessible at mifile.courts.michigan.gov, and self-represented parties may e-file even when not required.

Michigan courts may conduct many proceedings by videoconference, with a presumption for remote handling of certain pretrial matters. Any participant can request an in-person appearance, and courts must consider fairness factors and ensure confidentiality with counsel.

Michigan's No-Fault Divorce Ground

Michigan is a no-fault divorce state. Under MCL 552.6, the only legal ground for divorce 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."

You plead this statutory language verbatim in your complaint and do not need to prove fault or wrongdoing. While fault or conduct can still affect property division and spousal support decisions, it is not a required ground for obtaining the divorce itself.

Required Forms for Michigan Divorce Filing

Michigan requires several forms for divorce filing. While the state does not publish a single statewide "blank complaint" template, all complaints must contain the statutory no-fault ground and required residence data. The primary forms you'll need include:

• Summons (MC 01): Required when you file a complaint; the court clerk issues the summons, which you must serve with the complaint
• Complaint for Divorce: Must state the MCL 552.6 ground and required residence information
• UCCJEA Affidavit (MC 416): Required whenever custody or parenting time will be determined or modified
• Verified Statement (FOC 23): Required if the case involves a minor or if child support or spousal support is requested; serve on the other party and provide to the Friend of the Court
• Domestic Relations Verified Financial Information Form (CC 320): Mandatory party-to-party exchange within 28 days after service of the defendant's initial responsive pleading
• Record of Divorce or Annulment (DCH-0838): Vital-records report that must be provided to the clerk for state registrar filing

All forms are available from the Michigan Courts forms library. Many counties also provide local divorce form packets and templates.

Michigan Divorce Waiting Periods

Michigan has mandatory waiting periods before a divorce can be finalized. Under MCL 552.9f and MCR 3.210(A), the earliest possible final hearing is:

• 60 days in cases without minor children of the marriage
• 180 days (6 months) in cases with dependent minor children

The 180-day period with children can be shortened to no less than 60 days for "unusual hardship or compelling necessity," but this requires a motion with proof and is rarely granted. The 60-day minimum applies to all cases and cannot be waived. For a detailed breakdown of each phase from filing to final decree, see our complete Michigan divorce timeline guide.

Calculate Your Estimated Divorce Costs

Before filing, it's helpful to understand the full financial picture of your Michigan divorce. Use our free calculator to get a personalized estimate based on your specific situation and county.

Michigan Divorce Filing Fees

Michigan has state-set filing fees established by statute. Under MCL 600.2529, the filing fees for divorce in Circuit Court are (for strategies on managing these costs, see our guide to saving money on divorce):

• Base civil filing fee: $150
• State e-filing system fee: $25 (assessed on all new case filings, whether submitted electronically or on paper)
• Custody/parenting time fee: $80 (when custody or parenting time is determined or modified)
• Support fee: $40 (if custody/parenting time fee not paid)

Typical total filing costs are:

• Divorce without minor children: $175 ($150 base + $25 e-filing)
• Divorce with minor children: $255 ($150 base + $25 e-filing + $80 custody fee)

If you cannot afford the filing fees, you may request a fee waiver using form MC 20. If granted, the court waives the base fees, though some pass-through costs (like service of process) may still apply.

Service of Process and Response Deadlines

After filing your complaint, you must properly serve the Summons and Complaint on your spouse. Valid service methods under Michigan Court Rules include:

• Personal delivery: Direct hand-delivery to the defendant
• Certified mail: Restricted delivery to addressee with signed return receipt
• Court-ordered alternative methods: If ordinary service cannot reasonably be made

A summons expires 91 days after issuance; you can obtain a second summons for up to one year from issuance upon showing due diligence. The defendant's deadline to respond is 21 days after in-Michigan personal service or 28 days if served outside Michigan or by mail.

Frequently Asked Questions

Does Michigan require a separation period before filing for divorce? No. Unlike some states, Michigan does not require a mandatory separation period before you can file. However, you must meet the 180-day state residency requirement and wait the statutory 60 or 180 days after filing before the divorce can be finalized.

What is the Friend of the Court (FOC)? The Friend of the Court is a unique Michigan institution that assists the court in managing cases involving minor children, child support, spousal support, custody, and parenting time. The FOC provides recommendations to the judge, offers mediation services, and helps enforce support orders. Parties may opt out of FOC services in certain circumstances under MCL 552.505.

Can I use a joint petition if my spouse and I agree on everything? Yes. Michigan offers a streamlined "joint petition" process under MCR 3.223 for couples who have reached complete agreement on all issues. Both spouses file one petition with a signed proposed judgment, and the court sets a hearing not sooner than 60 days from the notice of filing. This avoids the need for a summons and standard pretrial procedures.