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OverviewUpdated 2026-02-27

Michigan Family Law Guide — Divorce, Custody & Support

Divorce, custody, support, and property division under Michigan law — grounds, process, timelines, and what to expect

Jump to:
Uncontested Divorce — Requirements & StepsDivorce With Children — Custody & SupportCustody Modification — How to FileChild Support — Calculation & EnforcementTemporary Orders in Michigan Family Cases — What to KnowFamily Law — How Service of Process WorksFamily Law — Contempt & Enforcement ActionsProtection Orders — How to Get One
Family Law and Divorce

Family law covers divorce, child custody, child support, property division, and spousal support — and in many cases, several of these issues are decided at the same time. Whether you are filing, responding to a petition, or seeking to modify an existing order, the process moves through a structured series of stages. The decisions you make early — especially around temporary orders and documentation — directly shape the final outcome.

1
💬
Intake
facts + posture
2
📄
Filing
county + service
3
⚖️
Temporary Issues
orders pending case
4
🤝
Agreement / Hearing
negotiation or court
5
✅
Final Order
enforceable terms
Key Issues
👨‍👩‍👧
Custody
physical & legal custody
💵
Child Support
income-based calculations
🏠
Property Division
marital vs. separate assets
⚖️
Spousal Support
duration & amount factors
📋
Temporary Orders
interim relief while pending
High-level illustration only. Stages vary based on issues, county, and whether the matter is contested.

Of all family law matters, divorce is the most common — and typically the most consequential. A divorce case can involve every other area of family law at once: custody, child support, property division, and spousal support. That is why most family law overviews begin here. Even if your situation involves only one of those issues, understanding the divorce framework helps, because the same statutes, standards, and court procedures apply across the board.

Grounds for divorce in Michigan §552.6

Michigan allows no-fault divorce based on the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved §552.6. No-fault means neither party must prove the other did something wrong — the marriage has simply broken down.

The divorce process — step by step

1
Establish eligibility
At least one party must have been a resident of Michigan for 180 days and a resident of the county for 10 days before filing §552.9. The petition must be filed in the correct county.
2
File the petition
One spouse files a petition for divorce and serves it on the other spouse §552.6.
3
Temporary orders (if needed)
Courts may issue temporary orders for support, custody, exclusive use of the home, and other relief during the proceedings. §552.14. These remain in effect until the final order.
4
Discovery and negotiation
Both parties exchange financial information and attempt to resolve custody, support, and property issues — either directly, through attorneys, or in mediation.
5
Final hearing or agreement
If the parties agree, the court reviews and approves the settlement. If not, the judge hears evidence and makes the decisions.
6
Waiting period
60 days from filing without minor children; 6 months with minor children §552.9f.

Contested vs. uncontested divorce

UncontestedContested
DefinitionBoth spouses agree on all issuesSpouses disagree on one or more issues
TimelineShorter (after waiting period) §552.9fLonger
Court involvementCourt reviews agreementCourt decides disputed issues
Who decidesThe spouses, by agreementThe judge, based on evidence and statute §552.6

Key areas the court addresses

Child custody §722.23

Courts determine custody based on the best interests of the child, evaluating 12 statutory factors including the love and affection between the child and each parent, each parent's capacity to provide the child with food, clothing, medical care, and love, and the child's established living situation.

Child support §552.519

Michigan uses an income-shares model. Based on combined net income of both parents using the Michigan Child Support Formula.

Property division §552.19

Michigan follows equitable distribution. The court divides marital property based on what is fair, considering the length of the marriage, each spouse's contributions, and economic circumstances.

Spousal support §552.23

Courts may award spousal support based on the needs of the parties, the ability of the other to pay, and factors including length of marriage, earning capacity, and standard of living.

What changes the outcome?

  • Quality and completeness of financial documentation
  • Timing of filing, responses, and temporary-order requests
  • Existing court orders or pending cases
  • Whether children are involved (adds custody and support layers)
  • Willingness to negotiate versus taking issues to trial
⚠If a court date is approaching, a temporary order has been entered, or you have been served with papers, timing is critical. Missed deadlines can limit available remedies.
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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

Legal authoritiesStatutes referenced on this page
MCL § 552.6
Grounds for divorce
Michigan is a no-fault divorce state: the only recognized ground is the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
  • No-fault: the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved
  • No fault-based grounds — marital misconduct is not a ground for divorce
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MCL § 552.6
Divorce on breakdown of the marriage
Michigan is a no-fault state; the sole ground for divorce is that the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved.
View →
MCL § 552.9
Residency requirement
At least one party must have been a resident of Michigan for 180 days and a resident of the county for 10 days before filing
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Verified 2026-07-13 · quarterly review
MCL § 552.9f
Waiting period
Minimum 60 days from filing without minor children; 6 months with minor children.
View →
Verified 2026-07-13 · quarterly review
MCL § 552.6
Service of process
Divorce complaint must be served on the defendant pursuant to Michigan Court Rules; service by publication is available when the defendant cannot be located
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MCL § 552.14
Temporary orders
Courts may issue temporary orders for support, custody, exclusive use of the home, and other relief during the proceedings.
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MCL § 722.23
Custody — best interests standard
Courts determine custody based on the best interests of the child, evaluating 12 statutory factors including the love and affection between the child and each parent, each parent's capacity to provide the child with food, clothing, medical care, and love, and the child's established living situation.
View →
Verified 2026-07-14 · quarterly review
MCL § 552.519
Child support guidelines
Michigan uses an income-shares model — both parents' incomes are combined, and support is apportioned based on each parent's share.
  • Based on combined net income of both parents using the Michigan Child Support Formula
  • The formula is updated by the State Court Administrative Office; deviation requires written findings
View →
MCL § 552.19
Property division
Michigan uses equitable distribution to divide marital property.
View →
Verified 2026-07-14 · quarterly review
MCL § 552.23
Spousal support / alimony
Courts may award spousal support based on the needs of the parties, the ability of the other to pay, and factors including length of marriage, earning capacity, and standard of living
View →
Verified 2026-08-11 · quarterly review
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →