How Do You Start the Divorce Process in Michigan?

 Posted on May 28, 2025 in Divorce

Navigating the divorce process looks different for every couple. Do you own many assets together or share minor children? Were you married for a long time or only a short period? Many factors can complicate the process and affect where you want to begin. 

Regardless of which matters are the most important to you personally, every divorce formally starts with filing. After that, whether or not you and your spouse can agree on the terms of your divorce will significantly impact the cost and length. Consider some basic elements that can affect the divorce process, and reach out to an experienced Oakland County, MI divorce attorney to find out more about your rights and needs.

What Are the Requirements for Divorce in Michigan?

To file for divorce in Michigan, at least one of you must be a resident of the state for 180 days before filing and one of you must live in the county where you plan to file for at least 10 days. The only exception is for couples with minor children and a credible fear that one spouse will try to leave the country with the children. When that is the case, you may be able to file before the 10 days if you are afraid your spouse may leave the country with the children.

Grounds for Divorce in Michigan

Michigan law allows you to file for divorce without proof that one spouse caused the breakdown of the marriage. This "no-fault" process is faster because it eliminates the need to prove who was responsible for the breakup. Additionally, you do not need consent from your spouse to end the marriage under the no-fault system.

How Do You File for Divorce in Michigan?

The two types of divorce in Michigan are contested and uncontested. If you and your spouse agree on the terms of divorce, such as property division, allocation of parental responsibilities, spousal support, and more, you have an uncontested divorce. Contested means that you disagree on at least one element of the divorce process and need the court to make a decision.

For an uncontested divorce, you will need to file the following in most counties:

• A complaint for divorce and, later, a consent judgment of divorce

• A form for screening for domestic violence

• A proposed divorce agreement

The first step for a contested divorce is to file a complaint and a summons with the court. You then need to notify your spouse, typically by serving them with copies of your complaint, within 90 days of filing. For both uncontested and contested divorces, you will need to pay a filing fee. 

How Long Does Divorce Take in Michigan?

Even if you and your spouse filed uncontested, you will have a hearing to finalize the divorce, and the minimum waiting period to finalize is 60 days if you do not have children. If you are parents to shared children, you will have to wait six months, unless you argue a compelling reason, such as undue hardship, to finalize the divorce sooner. Contested divorces typically take much longer, as disputes can cause the process to drag on. 

Contact a Novi, MI Divorce Attorney for a Free Consultation

As you approach the divorce process, more and more questions will arise. The Northville, MI divorce lawyers at Elkouri Heath, PLC have over 23 years of experience guiding clients through divorce and answering those important questions. We understand the emotional challenges you face and offer compassionate representation, giving your case the personal attention that it deserves from beginning to end. Call 248-344-9700 to schedule a free consultation.