IN ORDER TO FILE FOR
DIVORCE IN MICHIGAN
You or your spouse (husband or
wife) must have lived in Michigan
for at least the last six (6) months.
You must file for divorce in the
Michigan county where you or
your spouse has lived for the last
10 days. Most people file where
they live but you do not have to –
you can file where your spouse
You do not need to know where
your spouse lives to get a divorce.
A divorce notice can be put in a
newspaper after you have filed.
You do not have to have a legal
separation in order to file for
You do not have to be separated for
any certain period of time before
you start your divorce. You can
still be living in the same house
with your spouse, but you cannot
be living as husband and wife.
Michigan has no fault divorce.
This means that you do not have to
prove adultery or cruelty or any
other “grounds’ for divorce. You
only have to show that your
marriage has broken down and you
cannot get back together.
No fault also means that even if
you are the one who made your
marriage break up, you can still file
for divorce. No fault divorce also
means that if you want to get
divorced, your spouse can fight
over other things involved in the
divorce like child custody and
support and property. But if you
want the divorce you can get it
even if your spouse does not want
it and even if you made the
marriage break up.
But remember, the judge can look
at fault in deciding how to divide
up property or who should get
custody of the children.
If no children were born during
your marriage and no child is
expected, you still have to wait at
least 60 days after you file for
divorce before your divorce can be
final. “This is a “cooling off”
period just in case you change your
If you have children from the
marriage or one is expected, you
have to wait at least six (6) months
after you file for divorce before
your divorce can be final.