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Michigan Family Laws

Michigan is a pure no-fault divorce state — the only ground is that the marriage relationship has broken down with no reasonable likelihood of preservation. Property is divided under equitable distribution principles. Child custody is determined using 12 statutory "best interests" factors. Michigan's Friend of the Court system is unique — each county has a Friend of the Court office that investigates custody disputes, recommends parenting time, and enforces support orders.

Last verified: 2026-02-25

Statute of Limitations

Varies by action typeMCL § 552.6

No statute of limitations for divorce. State residency of 180 days and county residency of 10 days required. Minimum 60-day waiting period (6 months if minor children involved, reducible to 60 days).

Filing Requirements

Divorce Filing Fee~$175–$255

Filing fees vary by county, typically $175–$255.

Residency RequirementMCL § 552.9

The complainant or defendant must have resided in Michigan for at least 180 days and in the filing county for at least 10 days.

Waiting PeriodMCL § 552.9f

Minimum 60 days from filing to judgment. 6 months if minor children are involved (may be reduced to 60 days upon motion).

Key Michigan Statutes

Best Interests of the Child (12 Factors)MCL § 722.23

Courts evaluate 12 statutory factors including: love and emotional ties, capacity to provide care, stability of environment, moral fitness, mental and physical health, home/school/community record, child's preference, willingness to facilitate relationship with other parent, domestic violence, and any other relevant factor.

Equitable Distribution of PropertyMCL §§ 552.19, 552.401

Courts divide property equitably using the Sparks v. Sparks factors: duration of marriage, contribution of each party, age and health, earning ability, past conduct, and general principles of equity. Separate property (pre-marital, inherited, gifted) is generally not divided unless equity requires.

Child Support (Michigan Child Support Formula)MCL § 552.605

Determined by the Michigan Child Support Formula (MCSF) based on overnights with each parent, income of both parties, health insurance costs, and child care costs. Courts may deviate if application would be unjust (must document reasons in writing).

Friend of the CourtMCL § 552.501 et seq.

Every Michigan county has a Friend of the Court (FOC) office that investigates custody and parenting time disputes, makes recommendations to the judge, and enforces support and parenting time orders. Parties may opt out if both agree and the court approves.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Michigan Legislature — Compiled Laws. For advice about your specific situation, consult a licensed attorney.

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