Get started on your Michigan divorce papers today by downloading the forms and checking your county's court website for specific instructions.
Get your divorce papersWhat Divorce Papers needs to be valid in Michigan
- Residency: You or your spouse must have lived in Michigan for at least 180 days before filing.
- County filing: File in the circuit court of the county where either you or your spouse resides.
- Grounds: Michigan is a no-fault state, so no need to prove fault – just state that the marriage has broken down.
- Property and kids: You'll need to decide how to handle property division, debts, and, if applicable, child custody and support.
- For uncontested: Both spouses must agree on all terms, which can simplify the paperwork.
How to set up a Divorce Papers in Michigan
- Obtain the forms: Visit your local circuit court or Michigan Legal Help website to download the necessary forms, including the Complaint for Divorce (FOC 101), Summons (FOC 102), and Judgment of Divorce (FOC 120).
- Fill them out: Complete each form carefully, providing accurate information about your marriage, assets, and any children. For an uncontested divorce, you'll also need the Settlement Agreement.
- Sign and notarize: Some forms require notarization, especially the Settlement Agreement. Check the specific instructions for each form.
- File with the court: Take the forms to the circuit court clerk's office in the correct county and pay the filing fee.
- Serve your spouse: You must officially notify your spouse by having them served with the papers. You can use a sheriff, a process server, or your spouse can sign an acknowledgment of service.
- Attend the hearing: After the waiting period (usually 60 days), a judge will review your case. For uncontested divorces, you may not need to appear in person if you submit all required documents.
How much it costs
The filing fee for a divorce in Michigan varies by county, typically between $175 and $300. Additional costs may include fees for service of process, notarization, and copies. If you can't afford the fee, you may request a fee waiver by filing a poverty affidavit.
Before You Begin: Michigan Divorce Papers Checklist
Filing for divorce in Michigan requires specific documents and information. This checklist helps you gather everything needed before you start your forms.
- Confirm you or your spouse has lived in Michigan for at least 180 days, and in your county for at least 10 days before filing.
- Gather your marriage certificate, recent pay stubs, tax returns, and a list of all assets and debts.
- Decide if your divorce is uncontested (both agree on all issues) or contested; this affects which forms you need.
- Check if your county requires a waiting period of 60 days after filing before the divorce can be finalized.
- Have photocopies of your driver's license or state ID ready to verify your identity.
- Note that Michigan does not require a notary for all divorce forms, but some may need to be signed in front of a clerk or notary—check your county's instructions.
Questions people ask
How long do I have to wait in Michigan before my divorce is final?
Michigan has a 60-day waiting period from the date your spouse is served with the divorce papers. This gives both parties time to consider the decision. If you have children or the case is contested, it may take longer.
Do I need a lawyer to file for divorce in Michigan?
No, you can file for divorce on your own, especially if it's uncontested. However, consulting with a lawyer can help ensure your rights are protected, especially in complex situations. Many courts offer self-help resources.
What if my spouse doesn't agree to the divorce?
If your spouse disagrees, your divorce is considered 'contested.' You'll still need to serve them with papers, but they can respond and raise objections. The court may require mediation or a trial to resolve disputes.
Can I get a divorce in Michigan if I got married in another state?
Yes, as long as you meet the residency requirement of living in Michigan for at least 180 days. The state where you married doesn't affect your ability to file for divorce in Michigan.