Divorce in Michigan: Laws, Process, and What You Need to Know (2026)

Q: Can I get alimony in Michigan?

Yes, Michigan courts can award alimony called spousal support on a temporary, periodic, or lump-sum basis. The court has broad discretion and considers factors including the length of the marriage, each spouse's ability to work, the source and amount of property awarded, each party's age and health, the prior standard of living, the needs of the parties, and the fault of either party. Michigan is notable for allowing fault to be considered in alimony determinations even though it is a no-fault divorce state.

Q: What are the grounds for divorce in Michigan?

Michigan is a strictly no-fault divorce state. The only ground for divorce is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed, and there is no reasonable likelihood that the marriage can be preserved. You do not need to prove wrongdoing by either spouse. However, marital fault may still be considered by the court when deciding property division and alimony.

Introduction

Michigan is a strictly no-fault state where the only ground for divorce is that the marriage relationship has been destroyed and there is no reasonable likelihood it can be preserved. However, fault can still be considered when dividing property.

Michigan is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Michigan handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Michigan, you must meet the state's residency requirements: 180 days in the state, 10 days in the county. This means at least one spouse must have lived in Michigan for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Michigan is a strictly no-fault divorce state. There must be a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and no reasonable likelihood of reconciliation. You do not need to prove wrongdoing by either spouse to obtain a divorce.

Property Division

Michigan follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Michigan:

Length of marriage
Ability to work
Source and amount of property
Age and health
Prior standard of living
Needs of the parties
Fault of parties

Michigan courts have broad discretion in awarding alimony, which may be temporary, periodic, or lump-sum. Fault may also be considered in the award.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Michigan uses the Income Shares model for calculating child support, with a formula incorporating both parents' net income and number of overnights.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Michigan courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Michigan, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Michigan, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Michigan typically range from $175-$250, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 60 days (no children); 180 days (with children, can be reduced to 60)

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Michigan Divorce

Is Michigan a community property state?

No, Michigan is not a community property state. Michigan follows the equitable distribution model for dividing marital property. This means the court divides assets and debts in a manner that is fair and just, but not necessarily equal. The judge considers numerous factors including each spouse's contributions, the length of the marriage, each party's needs, and earning abilities.

How is property divided in a Michigan divorce?

Michigan courts divide marital property through equitable distribution. The court considers factors such as the duration of the marriage, contributions of each party to the marital estate, each spouse's age and health, life status, needs, earning abilities, and fault or past conduct. Notably, while Michigan is a no-fault divorce state, fault can still be considered by the court when dividing property. Separate property, such as pre-marital assets and individual inheritances, generally remains with the original owner.

How long does a divorce take in Michigan?

Michigan has different waiting periods depending on whether children are involved. For divorces without minor children, the mandatory waiting period is 60 days from the date of filing. For divorces with minor children, the waiting period is 180 days (six months), though a judge can reduce it to 60 days for good cause. An uncontested divorce can often be finalized shortly after the waiting period. Contested cases typically take six months to over a year.

Can I get alimony in Michigan?

Yes, Michigan courts can award alimony (called spousal support) on a temporary, periodic, or lump-sum basis. The court has broad discretion and considers factors including the length of the marriage, each spouse's ability to work, the source and amount of property awarded, each party's age and health, the prior standard of living, the needs of the parties, and the fault of either party. Michigan is notable for allowing fault to be considered in alimony determinations even though it is a no-fault divorce state.

What are the grounds for divorce in Michigan?

Michigan is a strictly no-fault divorce state. The only ground for divorce is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed, and there is no reasonable likelihood that the marriage can be preserved. You do not need to prove wrongdoing by either spouse. However, marital fault may still be considered by the court when deciding property division and alimony.

What are the residency requirements for divorce in Michigan?

To file for divorce in Michigan, at least one spouse must have been a resident of the state for at least 180 days (six months) and a resident of the county where the divorce is filed for at least 10 days. The divorce complaint is filed in the circuit court of the county where the filing spouse resides.

How much does a divorce cost in Michigan?

Filing fees for a Michigan divorce typically range from $175 to $250, depending on the county. An uncontested divorce without attorney representation can cost under $500. Contested divorces with attorneys generally cost $5,000 to $20,000 or more per spouse. Cases involving complex property division, business valuations, or contested custody can be significantly more expensive.

Does fault matter in a Michigan divorce?

While Michigan is a strictly no-fault state for the purpose of granting the divorce itself, fault can still matter when the court decides property division and alimony. A judge may consider marital misconduct, such as adultery, abuse, or financial irresponsibility, when determining how to divide assets or whether to award spousal support. This makes Michigan somewhat unusual among no-fault states, as the conduct of the parties during the marriage can still influence the financial outcome of the divorce.

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