Divorce is rarely simple. Whether you’re ending a short marriage or dividing decades of shared property, understanding Michigan divorce laws helps you approach the process with clarity and control. If you live in Oakland County or Wayne County, it’s especially useful to know how local court procedures may affect your case.
Below, we’ll break down how to file for divorce in Michigan, what to expect from the divorce process, how much it may cost, and why having an experienced family law attorney on your side can make all the difference.
How Divorce Works in Michigan
Michigan is a no-fault divorce state, meaning neither spouse needs to prove wrongdoing to file. The only legal requirement is that one party testifies that there has been a total breakdown of the marriage, and there’s no reasonable chance of reconciliation.
That simple statement begins a complex process involving property division, child custody, and sometimes spousal support, depending on your circumstances.
How to File for Divorce in Michigan: Step by Step
If you’ve decided to file, your first step is to file a complaint for Divorce in the Circuit Court of the county where you or your spouse lives. In Michigan, that’s the Family Division of the Circuit Court.
So, if you live in Oakland County, you’d file at the Oakland County Circuit Court in Pontiac; if you live in Wayne County, you’d file at the Wayne County Clerk’s Office in the Coleman A. Young Municipal Center, Detroit.
Step 1: Check Residency
You must meet Michigan’s residency requirements before filing:
- You (or your spouse) must have lived in Michigan for at least 180 days before filing.
- You must have lived in your current county for at least 10 days before filing.
If those boxes are checked, you’re eligible to start.
Step 2: Prepare the Paperwork
You can get divorce forms from:
- The clerk’s office at your county courthouse
- The State of Michigan HHS website
- Your divorce attorney
The core documents include:
- A Complaint for Divorce (the main petition)
- A Summons
- A Record of Divorce or Annulment
- A Confidential Case Inventory (if minor children are involved)
If you have minor children, additional forms about custody and support will be required. You’ll need to fill these out completely and accurately before filing.
Step 3: File the Complaint
Bring your completed forms to the Circuit Court clerk’s office. Once filed, the court will assign your case a number and a judge.
Step 4: Serve Your Spouse
After filing, you must legally serve your spouse with copies of the documents. That can either be done in person by someone over 18 who is not involved in the case or by certified mail. Check out our guide on serving divorce papers for more information.
You’ll then file a proof of service with the court.
Step 5: Wait for a Response
Your spouse (the “defendant”) has:
- 21 days to respond if served in person, or
- 28 days if served by mail or out of state.
If they don’t respond, you can request a default judgment. If they do, your case moves forward toward mediation or trial, depending on whether it’s contested or uncontested.
Do You Need an Attorney to File for Divorce?
No, you’re not legally required to hire an attorney to start a divorce in Michigan, but many people do once paperwork or property issues get complicated. While you can always file for yourself without legal representation (pro se), doing so puts you at risk.
Even a small oversight in the documents, filing process, or required disclosures can delay your case, impact custody decisions, or lead to an unfair division of assets. Without legal guidance, it’s also easy to misunderstand your rights, overlook financial obligations, or agree to terms that don’t serve your long-term interests.
Risks of Filing a Divorce Pro Se
- Asset Division Errors: You may undervalue, omit, or misclassify marital property.
- Custody Complications: Incomplete or unclear parenting plans can lead to disputes or court delays.
- Document Mistakes: Incorrect forms or missing details can slow or jeopardize your case.
- Financial Oversights: Without legal input, it's easy to miss hidden debts or future obligations.
- Legal Missteps: Misunderstanding state laws may limit your rights or prevent proper enforcement.
- Missed Deadlines: Filing late or in the wrong venue can delay proceedings or lead to dismissal.
- Unfair Agreements: You might agree to terms that disadvantage you long-term without realizing it.
Always Go With an Attorney
An attorney will help you complete forms correctly, make sure all deadlines are met, and fight to protect your rights from day one. They’re your partner throughout the divorce hearings, and come with knowledge and experience in tackling such cases. Divorce attorneys help protect you from any costly errors during the proceedings.
At The Rubinstein Law Firm, we often begin helping clients before they file. That early guidance prevents mistakes that can delay the process or affect property and custody outcomes later on.
How Much Does a Divorce Cost in Michigan?
There’s no one-size-fits-all answer, but expect to pay $175–$255 in court filing fees, plus attorney’s fees based on the case’s complexity.
Costs increase when disputes arise over assets and debts, custody and parenting time, or property settlement negotiations. A skilled attorney can help you identify where to streamline paperwork, avoid unnecessary hearings, and reach a resolution efficiently, saving both time and money.
Michigan Divorce Timelines: How Long Does the Process Take?
The shortest possible waiting period for a divorce without minor children is 60 days. If minor children are involved, the state imposes a 180-day waiting period to allow time for parenting plans and custody agreements.
That said, the total timeline of divorce proceedings varies widely based on:
- Whether the case is contested
- How quickly spouses can agree on divisions of property and parenting time
- The court’s scheduling backlog
Cases involving children often take several months or more, depending on complexity and cooperation between parties.
What Happens During the Waiting Period
While you’re waiting, several things can happen depending on the complexity of your case:
- Temporary orders may be issued for child support, parenting time, or use of marital property.
- You and your spouse (through your attorneys or mediators) can negotiate settlements on property division, custody, and finances.
- If disputes remain, your case may move to mediation or a court hearing before the assigned judge.
In most uncontested divorces, couples agree on all major issues and only need a short court appearance (or none at all) before a final judgment is entered.
In contested cases, particularly those involving children or significant property, the process can take several additional months—or longer if trial dates are delayed.
Local Timelines: Oakland & Wayne County
Both the Oakland and Wayne County Circuit Courts follow the same Michigan divorce statutes, but their case volume and scheduling can influence timing.
Oakland County’s family division generally moves cases efficiently, often scheduling early mediation. Wayne County’s docket is heavier, so hearing dates may take longer to secure, but proactive case management by your attorney can help keep things on track.
How Michigan Divorce Courts Handle Divisions of Property & Custody
Our Oakland and Wayne County divorce lawyers have decades of experience navigating the ins and outs of complex cases. We’ll fight for you to get your rightful share every step of the way, with a full understanding of how the courts generally approach divorces.
Dividing Property & Assets
Michigan follows the rule of equitable distribution, meaning property isn’t automatically split 50/50. Instead, the goal is to divide it fairly based on each spouse’s situation.
Courts consider factors such as:
- The length of the marriage
- Each spouse’s contribution to marital property
- Each person’s earning capacity
- Any separate property owned before marriage
Marital assets may include your home, retirement accounts, vehicles, or other jointly acquired property. Judges aim for fairness, not exact equality.
Custody & Parenting Time
When minor children are involved, courts prioritize their best interests. Michigan courts encourage joint custody arrangements whenever possible, promoting consistent parenting time for both parents.
Factors influencing custody decisions include the emotional ties between parent and child, stability of the home environment, and each parent’s willingness to support the other’s relationship with the child.
When to Hire a Divorce Attorney
Even in an uncontested divorce, Michigan’s procedural requirements and waiting periods can create confusion. A knowledgeable attorney works hard to protect your rights when dividing property, negotiating parenting time, or filing motions with the court.
At The Rubinstein Law Firm, our family law attorneys take a personal approach to each divorce case, handling paperwork promptly, maintaining open communication, and moving cases forward quickly so our clients can begin the next chapter of their lives.
Ready to Take the Next Step?
If you’re filing for divorce in Oakland County or Wayne County, get straightforward legal advice before you start. The Rubinstein Law Firm offers free consultations to review your options, explain what to expect, and help you prepare for every step ahead.
Contact our Oakland County divorce attorneys today to schedule your free consultation.
