How Long is the Divorce Waiting Period in Michigan?

If you are looking to get a divorce in Michigan, you can file for divorce right away (and you should), but there are required waiting periods. Michigan, like most states, is a no fault divorce state, which means you do not need to prove fault or misconduct to end your marriage—only that there has been a breakdown of the marriage to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood of reconciliation. Michigan requires a “cooling off” period once the divorce complaint is filed, and you are required to wait a minimum amount of time until the divorce can be completed.

If you have no minor children (meaning no children under 18), the minimum waiting period is 60 days from the filing of the divorce complaint. However, if you do have minor children, the waiting period is 180 days (six months) from the filing of the divorce complaint. The waiting period applies regardless of whether the divorce is contested or uncontested.

What this will mean depends on how straightforward or how complex your particular case is. Normally, you would start working to resolve the issues in your divorce case immediately once the complaint for divorce is filed. If the parties agree on all issues, the process can be faster, but if not, it may become a contested divorce requiring court hearings and the judge to make decisions. That way the process moves forward, and it is possible to have a signed and final agreement when the waiting period expires. However, with few exceptions, the divorce cannot actually be granted until the minimum waiting period is over.

Under the right circumstances and with an agreement, it is possible to waive part of the 180 day waiting period. A judge may grant a waiver in cases of unusual hardship. No matter what the circumstances, however, it is not possible to get divorced in less than 60 days. Also, these waiting periods are the minimum, not the maximum, and divorces can and often do go beyond 60 days and divorces with children can go beyond six months. Most divorces take longer, especially if there are disagreements over marital property, child support, or parenting time.

To file for divorce in Michigan, residency requirements must be met: one spouse must have lived in Michigan for at least 180 days and in the county where the divorce is filed for at least 10 days before filing. Either you or your spouse must meet these requirements. Divorces are filed in the circuit court of the county where residency requirements are met, such as Oakland County or Macomb County. In southeast Michigan, including Oakland County and Macomb County, there may be local court procedures or programs that apply to divorce cases. Michigan courts do not recognize common law marriage, but if a common law marriage was established in another state, a Michigan court may grant a divorce.

The legal grounds for divorce in Michigan is the breakdown of the marriage, and Michigan law does not require proof of fault divorce. Legal separation (also called separate maintenance) is an alternative to divorce in Michigan, allowing spouses to remain legally married while the court decides issues like custody, support, and property division.

After the complaint for divorce is filed and served, the other spouse must file an answer within a certain timeframe, or the court may enter a default judgment. The judge will issue a judgment of divorce at the end of the process, which is a court order that finalizes the divorce and addresses issues like child custody, parenting time, child support, and property division. If the parties agree on all issues, the judge will usually approve their agreement, but if not, the judge makes decisions based on the best interests of the children and the circumstances of the case.

In cases involving minor children, the court will consider the best interests of the child when making decisions about custody parenting time and child support, and the other parent may have rights to parenting time even if not the primary custodian. Financial information must be disclosed during the divorce process to ensure fair division of marital property and determination of spousal support and child support. A spouse may request to restore their maiden name as part of the judgment of divorce.

Most divorces in Michigan are resolved without a trial, but some may require a court hearing if the parties cannot agree. The divorce process is a voluntary process if both parties agree to use alternative dispute resolution methods like mediation or collaborative divorce. A court case is initiated when the complaint for divorce is filed, and the process ends with a final judgment of divorce.

Serving Divorce Papers

Serving divorce papers is a critical first step in your divorce process under Michigan law. Once you file for divorce as the plaintiff and submit your complaint to the court, you must make sure your spouse (the defendant) is formally notified of the divorce action. You can accomplish this by serving the divorce papers either in person or through registered or certified mail. Getting the service right is essential because it establishes the Michigan court’s jurisdiction over your spouse and allows your divorce case to move forward.

Michigan law requires that your spouse be served within a specific timeframe—typically 21 days after personal service, or 28 days if your spouse is served by mail or lives outside of Michigan. If your spouse is a service member on active duty, federal law may provide them with additional protections and could delay your service process. In situations where you can’t locate your spouse, the court may permit alternative service methods, such as publishing notice in a local newspaper, to ensure they’re informed about the proceedings.

The court may also require proof that you properly served the divorce papers, especially in contested cases where your spouse may dispute the proceedings. If you fail to serve the divorce papers correctly, it can delay your divorce process and impact the timeline for resolving critical issues like property division, spousal support, and child custody arrangements.

Once you serve the divorce papers, the waiting period required by Michigan divorce law begins, and both you and your spouse can start negotiating the terms of your divorce, including how you’ll divide your marital estate and arrange custody for your minor children. Serving divorce papers officially initiates your divorce proceedings and is a necessary step to dissolve your marriage under Michigan law.

Navigating the requirements for serving divorce papers can be complex, particularly if your spouse is difficult to locate or is a service member. Working with an experienced divorce attorney can help ensure that you meet all legal requirements and that your divorce case proceeds smoothly. By following the correct procedures for serving divorce papers, you can effectively start your Michigan divorce and work toward a final judgment that addresses all aspects of your marriage, from property division to child custody and support.