Michigan Divorce Records

Since then over 4 divorces per 1,000 population were recorded in the 1990s, Michigan's divorce rate has since reduced to around 2 divorces in the same population size. In 2020, the state recorded 2.1 divorces per 1,000 residents, while in 2022, the figure rose slightly to 2.3 divorces in the same population size. Since 2006, the divorce rate in Michigan has been below the national average.

Michigan divorce records may be accessed in the following forms:

• Divorce Certificate: This includes basic information such as the names of both parties, the date of the divorce, and the county where the divorce was finalized. It is issued by the Michigan Department of Health and Human Services (MDHHS).
• Divorce Decree: This contains detailed information about the court's final judgment, including terms of property division, child custody arrangements, spousal support, and other legal obligations. It is prepared by and maintained by the clerk of the court where divorce proceedings are concluded.
• Divorce Case Files: Divorce case files are court documents filed and generated in relation to the divorce proceedings. They include petitions, motions, transcripts, and evidence.

What Are the Residency Requirements for Divorce in Michigan?

Following Section 552.9 of the Michigan Compiled Laws, at least a single spouse is required to have resided in Michigan for a minimum of 180 days immediately preceding the petition for divorce submission date. Also, at least one spouse needs to have lived within the county that had the filed complaint for a minimum of 10 days before the filing date.

In instances where neither spouse has resided within the county in which the divorce petition is to be filed for a minimum of 10 days, the petitioner may still submit the petition in that or any Michigan county if all of the following apply:

• The other party was born in or is a citizen of a country that is not the United States
• Either spouse has children below the age of 18
• The judge believes that the child shared in the marriage could potentially be taken away from the United States by one of the spouses and held in another country.

What Are the Grounds for Divorce in Michigan?

According to M.C.L. § 552.6, the state relies on no-fault laws for divorce, meaning the sole ground for divorce is the irretrievable breakdown of a marriage. This approach eliminates the need for either spouse to prove misconduct, such as adultery or abuse, to justify ending the marriage. Instead, either spouse may state they feel their marriage has been irreparably damaged, making reconciliation impossible.

How Much Does It Cost to File for Divorce in Michigan?

The filing fees required to get a Michigan divorce range between $175 and $295, depending on the county. However, the total cost that you may incur before finalizing a divorce may be as high as $20,000 or more in some contested divorce cases. However, if no children are involved, the average cost of a divorce is about $4,000.

In comparison to the divorce costs nationally, it costs about $11,300 on average to finalize a divorce in the United States, with the median cost estimated at $7,000. Compared to neighboring Ohio, the average costs of divorce without children and with children are $11,400 and $17,100, respectively.

Beyond filing fees, other expenses that may contribute to the overall cost of a divorce are:

• Attorney fees
• Mediation costs
• Parenting classes
• Expert witnesses
• Service of process fees
• Appraisal fees
• Court fees

How Long Is the Waiting Period for Divorce in Michigan?

Michigan requires a mandatory waiting or cooling-off period but not a separation period. A waiting period is a timeline from the filing of the divorce complaint to when the court may finalize the divorce, while a separation period describes the period over which the spouses must live apart for a specified period before filing a divorce or having it finalized.

If the divorce involves minor children, Michigan mandates a 180-day waiting or cooling-off period. However, if no minor child is involved, the waiting period is 60 days.

How To File for Divorce in Michigan?

You may follow these steps to file for divorce in Michigan:

• File a Complaint: File a divorce complaint in the family division of the circuit court in your county of residence. Required forms often include:

  • Complaint for Divorce
  • Summons and Notice of Hearing
  • Consent Judgment
  • Domestic Violence Screening Form
  • Confidential Case Inventory (if there's a pending family division case)
  • Proposed Consent Judgment or Order

  If children are involved, additional paperwork may be necessary.

  Note that you will be required to pay the appropriate filing fee at the court clerk's office.

• Serve your Spouse: Serve your spouse with divorce papers via a process server, sheriff's deputy, or certified mail. Your spouse has 21 days to respond if served in person. If served by mail or out of state, they have 28 days. If your spouse doesn't respond, the court might issue a default order, making the case uncontested.
• Temporary Order (if Children Are Involved): Either spouse may request the court to issue temporary orders to establish custody, visitation, and financial support while the case is pending.
• Discovery Phase: Both parties' attorneys investigate and gather relevant information about finances, assets, and other contested issues.
• Negotiations: In an uncontested case, attorneys of both parties exchange settlement proposals and hold discussions, which may include face-to-face meetings. If an agreement is reached, it is formalized in a written settlement document. Otherwise, mediation or litigation may be required in a contested case
• Mediation: If negotiations stall, the court may appoint a mediator to help resolve disputes.
• Final Heating: In an uncontested case, the judge reviews the settlement agreement and issues a judgment of divorce. In a contested divorce, the court resolves outstanding disputes and issues a ruling or order on matters such as property division and child custody.

Further helpful resources on filing a divorce petition and finalizing the process may be found on the Michigan court and the Michigan State Bar Foundation websites.

Are Divorce Records Public in Michigan?

Michigan divorce records are generally public records, making them accessible to the general public. Despite the public nature of these documents, the state places certain restrictions on sensitive information contained in these records and sealed divorce records.

When divorce records are sealed or access to them is limited, the following persons may still request access to them:

• The divorced parties
• Legal representatives of either party
• Authorized persons such as individuals or entities with a court order or legitimate legal interest

How To Get Certified Copies of a Divorce Decree in Michigan?

Copies of divorce decrees in Michigan may be obtained from the clerk of the circuit court in the county where the divorce was finalized. Hence, you may visit the office of the court clerk, provide the required requester ID or information, and pay the appropriate fee for the copy to be obtained. Note that the divorce decree is not the same as the divorce certificate. To obtain a divorce certificate, contact the Michigan Department of Health and Human Services (MDHHS).

Divorce Settlement: Is Michigan a 50/50 State?

Unlike some states that may be categorized as community property states, Michigan divides marital property according to equitable distribution guidelines. Community property states divide up any property attained during the marriage with a 50/50 split, while equitable distribution states like Michigan divide marital property based on what is considered fair under the circumstances of each case.

Michigan courts consider specific factors in dividing marital property equitably. These factors include:

• Marriage length
• The ages and health of the spouses
• The contributions of the spouses to the marital estate
• The previous relations and conduct of each spouse
• The earning abilities of the spouses
• The contribution of each spouse to the marital estate

FAQs about the Divorce Process in Michigan

Here are answers to frequently asked questions about the divorce process in Michigan.

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