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Michigan Divorce Self-Help Center

Many customer Michigan divorce questions are answered here.  Browse from the topics below or use the search box to narrow your search.
 
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General Information State Procedures   Custody, Visitation, Support
  Property and Debts   Special Circumstances Additional Resources
GENERAL INFORMATION
What are the Michigan residency requirements for filing for divorce? 1280
State Residency Requirement: 180 days
At least one spouse must have resided in Michigan for at least 180 days immediately before the divorce is filed.

County Residency Requirement: 10 days
If both spouses have lived in Michigan for at least 180 days immediately before the divorce is filed, then the divorce should be filed in the county where the spouses have lived for at least 10 days. If they have not lived in the same county, this means that there could be two counties where the divorce could be filed, in which case, it doesn't matter.

If only one spouse has lived in Michigan for at least 180 days immediately before the date of filing, the divorce should be filed in the county where that spouse has resided for at least 10 days before filing.
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STATE PROCEDURES
How long does it take to finalize a divorce in Michigan? 109
In Michigan divorces where there are no children of the marriage, the divorce can be finalized in as little as 60 days. In Michigan divorces with children, there is a 6-month waiting period before the divorce can be finalized.
How do I serve my spouse with the divorce papers in Michigan? 1288
If the non-filing spouse, or Defendant, will sign an Acknowledgment of Service form, the Plaintiff can serve the Defendant with divorce papers him or herself.

However, if the Defendant won't sign an Acknowledgment of Service, the Plaintiff selects an adult "helper," to either hand-deliver the divorce papers to the Defendant or mail them to the Defendant by certified mail with a return-receipt requested.
What are the basic steps to getting a divorce in Michigan? 1287
  • Step 1: File your documents at the Circuit Court Clerk's office.
  • Step 2: Defendant signs an Acknowledgment of Service form.
  • Step 3: File the final documents.
  • Step 4: Plaintiff attends a brief court hearing to finalize the divorce.
Where are the grounds for filing for divorce in Michigan? 1281
Michigan is a no-fault divorce state.
For a Michigan no-fault divorce, the spouse must allege 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.
Will either of us be required to attend a court hearing? 104
Yes. The spouse who files the divorce (Plaintiff) must attend a hearing in order to finalize the divorce.

The non-filing spouse (Defendant) does not need to attend this hearing, assuming his or her notarized Answer and Waiver was filed when the Plaintiff filed the initial divorce documents.

DivorceWriter Filing Instructions include sample testimony for the hearing.
How do I get a copy of the Model Friend of the Court Handbook? 111
You can obtain a copy of the Model Friend of the Court Handbook at courts.michigan.gov.
When you use DivorceWriter, you are selecting the following self-prepared Michigan DivorceWriter document package? 1286
  • Complaint for Divorce
  • Summons and Complaint (MC 01)
  • Default-Request, Affidavit and Entry (MC 07)
  • Uniform Spousal Support Order (FOC 10)(*if spousal support is requested)
  • Judgment of Divorce
  • Notice of Hearing (FOC 7)
  • Notice of Hearing and Motion (MC 326)
  • Proof of Service
  • Record of Divorce (DCH-0838)
  • *If Defendant is in the military, your DivorceWriter package includes an Appearance and Waiver of Military Relief Law Rights instead of a Default-Request, Affidavit and Entry (MC 07)

Customers with minor children together will also receive:
  • Verified Statement and Application for IV-D Services (FOC 23)
  • Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC 416)
  • Domestic Relations Judgment Information Form (FOC 100)
  • Certificate on Behalf of Plaintiff Regarding Ex Parte Interim Support Order(Wayne County only)
  • Certificate of Conformity for Domestic Relations Order or Judgment (FOC 1225)(Wayne County only)
  • Order Data Form-Support (FD/FOC 4002) (4 copies)(Wayne County only)
  • Uniform Child Support Order (FOC 10/52)
How long does it usually take to finalize a divorce in Michigan? 1284
No Children: 60 days from the date of filing

Children: Six months the date of filing
Which spouse can file for divorce? 108
The spouse who files for divorce is the Plaintiff. The other spouse automatically becomes the Defendant.

In order to file for divorce in Michigan, at least one spouse must have resided in Michigan for at least 180 days immediately before the divorce is filed. Thus, as long as at least one spouse meets the 180-day residency requirement, either spouse is entitled to file for divorce in Michigan.

Additional information is available at MCL 552.9
In which county can the divorce be filed? 107
If both spouses have lived in Michigan for at least 180 days immediately before the divorce is filed, then the divorce can be filed in any Michigan county where either spouse has lived for at least 10 days immediately before the date of filing.

If only one spouse has lived in Michigan for at least 180 days immediately before the date of filing, the divorce can be filed in the county where that spouse has resided for at least 10 days before filing.

Additional information is available at MCL 552.9
Where do I file for divorce in Michigan? 1282
Divorces are filed at the Circuit Court Clerk's office in the county of filing.
What's the difference between a DM case and a DO case in Michigan? 3815
Divorce cases involving minor children have the letters "DM" in the case number while divorce cases that do not involve minor children have the letters "DO" in the case number.
How is my divorce hearing scheduled in Michigan? 2843
Step 3 of the Michigan Divorce Filing Procedures included in your DivorceWriter document package provides the following information on scheduling the divorce hearing:
  1. The Plaintiff obtains a final hearing date from the Circuit Court Clerk when the Step 3 documents are filed.
  2. After getting the hearing date from the Clerk, Plaintiff fills in the hearing date, time and location on each copy of the Notice of Hearing, which is located on the back of the Summons and Complaint.
  3. Plaintiff mails one copy of the Summons and Complaint with the completed Notice of Hearing to Defendant by U.S. Mail at least nine (9) days before the hearing date.
  4. After mailing the Notice of Hearing to Defendant, Plaintiff completes the Certificate of Mailing at the bottom of the Notice of Hearing.
  5. Plaintiff files the original and three (3) copies of the Summons and Complaint with a completed Notice of Hearing and Certificate of Service with the Circuit Court Clerk.
Sample testimony for the divorce hearing is provided in the "Additional Information" section of the Michigan Divorce Filing Procedures. If you have additional questions concerning your divorce hearing, contact the Circuit Court Clerk in your county.
How do I get a Referee's recommendation? 3814
When you go before the Judge you need to bring your Judgment of Divorce, which may be either a Consent Judgment or a Default Judgment, and also a Uniform Child Support Order for the Judge to sign after the pro con hearing. If you are opting out of Friend of the Court services, a hearing must take place with the Friend of the Court before the pro con hearing. In many counties, after the opt out hearing has been held, the Friend of the Court will prepare an Order, also known as the Referee's Recommendation, and a Uniform Child Support Order regarding the opt out. If the opt out request is granted, the Uniform Support Order will state a $0.00 support amount, although the Uniform Support Order must still be filed with the court. Both the Referee's Recommendation and the Uniform Support Order must be submitted pre-approved by Friend of the Court and submitted to the Judge before the pro con hearing.
How much is the filing fee in Michigan? 3788
The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee is between $150.00-$255.00 in Michigan and is paid at the time of filing.

Michigan divorces with children also require a judgment fee of $80.00. Some counties require you to pay the judgment fee when you file your divorce while other counties require it to be paid on the day of your divorce hearing. The judgment fee is not required if the parties have no minor children.
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CUSTODY, VISITATION, SUPPORT
How is child support calculated in Michigan? 156
Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

Additional information on the calculation of child support can be found here.
When can a child support order be modified in Michigan? 1289
Modification of a support order can by done in two ways:
You may choose to file a motion to change the support order more often than every three years if there is a substantial change in income for either party.
In public assistance cases, every 36 months the Friend of the Court does an automatic review of child support orders.

Additional information on child support modification is available at MCL 552.517.
How is child support collected and disbursed? 157
Information on the collection and disbursement of child support in Michigan is available at: MCL 552.603

and www.misdu.com
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PROPERTY AND DEBTS
Can we customize our documents to fit our plans for our real estate? 597
The DivorceWriter online interview allows customers to list not only the street address, c... more
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SPECIAL CIRCUMSTANCES
What if one spouse is living in another state or in a foreign country? 1041
The self-prepared DivorceWriter package contains instructions for choosing someone to hand... more
What if one spouse is in the military? 803
If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more
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ADDITIONAL RESOURCES
Where can I find the full-text version of the Michigan divorce statutes online? 155
Additional information on divorce in Michigan is available at: Divorce Statutes, MCL 552.1-552.45 .
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