Michigan Divorce Timeline: Complete Guide

Understanding the Michigan divorce timeline is critical for planning your path forward. Michigan law establishes two distinct mandatory waiting periods under MCL 552.9f: a minimum of 60 days for couples without minor children, and 180 days (six months) for couples with dependent children under age 18. While these are the statutory minimums, uncontested cases typically finalize in 60-90 days (no children) or can be waived down to 60 days with children for unusual hardship, while contested matters often extend 6 to 12 months or longer.

Uncontested Divorce Without Minor Children (60-90 Days)

If you and your spouse have no dependent minor children and agree on all terms—including property division, spousal support, and debt allocation—Michigan law allows your divorce to be finalized as soon as 60 days after filing the complaint. Under MCL 552.9f, no proofs or testimony can be taken before day 60, and this waiting period cannot be waived for any reason. The typical Michigan divorce timeline for uncontested cases without children works as follows:

• Day 1: File your Complaint for Divorce, Summons (MC 01), and required forms with the Circuit Court (Family Division). Filing costs $175 total statewide ($150 base civil fee under MCL 600.2529 plus $25 state e-filing fee). Most counties now require or encourage e-filing through MiFILE.
• Days 1-10: Serve your spouse via personal delivery, certified mail with return receipt, or other methods under MCR 2.105. Your spouse has 21 days to answer (28 days if served outside Michigan).
• Day 60 (minimum): The earliest possible "proofs" hearing, where you testify briefly to establish the statutory no-fault ground: "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" under MCL 552.6.
• Days 60-90: Most uncontested divorces are finalized within this window, depending on court scheduling availability and whether you use the faster MCR 3.223 joint petition process (both spouses file together with a proposed consent judgment).

The joint petition pathway under MCR 3.223 avoids the standard summons process and often shortens the timeline, as the clerk issues a notice of filing and schedules a single hearing not sooner than 60 days. If both spouses appear and the court approves the settlement, judgment is entered that day.

Uncontested Divorce With Minor Children (180 Days, Waivable to 60)

When dependent minor children are involved, MCL 552.9f extends the mandatory waiting period to 180 days (six months) from the date the complaint is filed. This extended period reflects the legislature's intent to give parents time for reflection and settlement of custody, parenting time, and support issues. However, the statute allows judges to waive the balance of the 180-day period down to a minimum of 60 days in cases of "unusual hardship or compelling necessity." Key points include:

• Absolute 60-day floor: No amount of the first 60 days can be waived, even by stipulation. Trial courts have no authority to take proofs before day 60.
• Waiver of days 61-180: If you demonstrate unusual hardship or compelling necessity (e.g., terminal illness, urgent relocation for a child's medical needs, imminent home foreclosure requiring sale), the court may allow proofs after day 60 but before day 180. File a motion with supporting affidavits under MCR 3.210(A)(2).
• Additional fees: Cases with minor children incur an $80 custody/parenting-time judgment fee at the time judgment is entered (or $40 if only support is addressed), in addition to the $175 filing fee. Total initial cost: $255.
• Required forms: You must file a UCCJEA Affidavit (MC 416) whenever custody or parenting time will be determined, and a Verified Statement (FOC 23) if support is requested, per MCR 3.206(B), (C).

In practice, many judges will grant a waiver when both parents have reached full agreement on custody, parenting time, and child support, and finalizing the divorce early is in the child's best interests. However, the waiver is discretionary and never guaranteed.

Rather than passively waiting out Michigan's long required timeline, Divorce AI provides guidance to help you plan productively until your divorce is finalized.

Contested Divorce: The Longer Road (6-12+ Months)

When you cannot agree on custody, support, property division, or other issues, the Michigan divorce timeline extends significantly beyond the statutory minimums. Understanding your options for resolving disputes can help you navigate this process. Contested cases typically unfold in these phases:

1. Filing and temporary orders (30-60 days): After filing and serving the complaint, either party can seek temporary (ex parte) orders for custody, parenting time, child support, spousal support, or exclusive use of the marital home under MCR 3.207. If ex parte relief is granted, the other party can object within 14 days and get a hearing within 21 days.
2. Discovery and financial disclosure (2-6 months): Parties must exchange the Domestic Relations Verified Financial Information Form (CC 320) within 28 days of the answer being served under MCR 3.206(C)(2). Formal discovery (interrogatories, depositions, subpoenas) follows under Michigan's civil discovery rules.
3. Mediation and Friend of the Court (FOC) involvement (3-8 months): Courts routinely order mediation under MCR 3.216 for contested custody, parenting time, and support issues. The Friend of the Court may also provide alternative dispute resolution under MCR 3.224, unless domestic violence concerns require a protective exemption.
4. Trial preparation and bench trial (6-12+ months): If mediation fails, the case proceeds to a non-jury trial before a judge. Custody is decided under the best-interests factors in MCL 722.23, property division follows equitable-distribution principles from Sparks v. Sparks, and spousal support is determined under MCL 552.23.

Complex cases involving business valuations, retirement asset divisions, or extensive custody disputes can extend the Michigan divorce timeline to 12-18 months or longer, depending on court docket backlogs.

Key Michigan Divorce Timeline Deadlines and Requirements

• Residency requirement: At least one spouse must have resided in Michigan for 180 days immediately before filing, and (with narrow exceptions) in the county of filing for 10 days before filing, under MCL 552.9.
• Service and answer deadlines: Defendants have 21 days to answer after in-state personal service, or 28 days if served outside Michigan or by mail, per MCR 2.108(A).
• Summons expiration: A summons expires in 91 days and can be extended upon showing due diligence under MCR 2.102(D).
• Financial disclosure (CC 320): Must be exchanged within 28 days of the answer being served, unless waived in writing or a fully signed settlement is filed at the outset.

Calculate Your Michigan Divorce Costs

While the Michigan divorce timeline varies based on whether you have children and whether the case is contested, the associated costs also differ. Use our free calculator to estimate your expenses, including the statewide $175 filing fee (no children) or $255 (with children), plus potential costs for mediation, attorney fees, and service of process.

Practical Tips to Navigate the Michigan Divorce Timeline

• Use the MCR 3.223 joint petition if possible: When both spouses agree on all terms, this streamlined process eliminates the standard summons and can finalize your case as soon as 60 days with minimal court appearances.
• File via MiFILE for faster processing: E-filing through Michigan's MiFILE portal is mandatory for attorneys in many counties and optional for self-represented litigants, but it significantly speeds up document processing and scheduling.
• Exchange financial disclosures promptly: Failure to comply with the CC 320 exchange deadline can result in sanctions under MCR 2.313 and delay your case.
• Seek a waiver only with strong evidence: If you have children and need a waiver of the 180-day period, file a motion with detailed affidavits documenting the unusual hardship or compelling necessity. Judges grant waivers sparingly.
• Consider mediation early: Even if not court-ordered, voluntary mediation can resolve disputes faster and more affordably than litigation, potentially saving months on your Michigan divorce timeline.

Instead of simply enduring the wait, a divorce planning toolkit keeps you actively preparing for your post-divorce life throughout Michigan's process.

Frequently Asked Questions About Michigan Divorce Timelines

Can you waive the 60-day waiting period in Michigan? No. The 60-day minimum waiting period under MCL 552.9f is absolute and cannot be waived under any circumstances, even by stipulation.

How long does an uncontested divorce take in Michigan without children? Typically 60 to 90 days from filing to final judgment, with 60 days being the absolute minimum.

How long does a divorce take in Michigan with minor children? A minimum of 180 days (six months), though judges can waive the period down to 60 days for unusual hardship or compelling necessity. Most uncontested cases with waivers finalize in 60-90 days.

What qualifies as "unusual hardship" for waiving the 180-day period? Examples include terminal illness of a spouse, urgent relocation required for a child's medical treatment, imminent foreclosure necessitating sale of the home, or other extraordinary circumstances. The court has discretion.

How long do contested divorces take in Michigan? Most contested cases take 6 to 12 months, with complex custody or high-asset disputes extending to 12-18 months or longer depending on discovery, mediation, and trial scheduling.