How to File for Divorce in Michigan? Divorce is never easy — emotionally or legally. But when you’re informed, the process becomes less daunting. Whether you’re a working mother trying to protect your children’s future or a father fighting for equal parenting rights, understanding Michigan’s divorce process is crucial.
In this comprehensive 2025 guide, we’ll walk you through: How to File for Divorce in Michigan?
- The steps to file for divorce in Michigan
- Costs, timelines, and residency rules
- Custody and spousal support laws
- Real examples of cases from both male and female perspectives
- Links to official state portals to help you file without confusion
Table of Contents
🔍 Quick Overview: Michigan Divorce Basics
Michigan is a “no-fault divorce” state, which means neither spouse needs to prove the other did something wrong (like adultery or abuse) to get a divorce. The only ground required is that the marriage is broken and cannot be repaired.
✅ Key Requirement: Either you or your spouse must have lived in Michigan for at least 180 days before filing, and in the specific county for at least 10 days.
📄 Step-by-Step Process to File for Divorce in Michigan (2025)
✅ Step 1: Determine Eligibility & Type of Divorce
There are two types of divorce in Michigan:
- Uncontested Divorce – Both parties agree on everything (property division, custody, etc.)
- Contested Divorce – There are disagreements that may need court intervention
If you and your spouse can agree, your divorce will be quicker and less expensive.
✅ Step 2: File the Complaint for Divorce
You must file a Complaint for Divorce with the Circuit Court in your county. This form outlines your basic information, children (if any), and requests (e.g., custody, property division).
Find forms on the Michigan Courts Official Website.
Important Documents:
- Complaint for Divorce
- Summons
- Verified Statement (for Friend of the Court if children are involved)
- Domestic Relations Verified Financial Information Form (for child/spousal support)
💡 If children are involved, Michigan law requires a Friend of the Court (FOC) review for custody, parenting time, and support.
✅ Step 3: Pay the Filing Fee
In 2025, the filing fee ranges from $175 to $255, depending on whether children are involved. Some counties may charge additional service or motion fees.
🧾 Fee Waiver Tip: Low-income filers can request a fee waiver using a form called “Affidavit and Order Suspending Fees/Costs.”
✅ Step 4: Serve Your Spouse
You are legally required to serve the divorce papers to your spouse using:
- A process server
- Sheriff’s department
- Certified mail (with return receipt)
They must respond within 21 to 28 days, depending on how they were served.
✅ Step 5: Temporary Orders (If Needed)
You can ask the court for temporary orders for:
- Child custody and parenting time
- Spousal support
- Property use (home, car)
- Financial restraints (no draining joint bank accounts)
These orders stay in effect until the divorce is finalized.
✅ Step 6: Settlement or Trial
If both parties agree, they submit a settlement agreement and appear at a final hearing.
If not, your case may go to trial where a judge will decide property division, custody, and support.
📆 Timeline:
- No children: 60-day minimum waiting period
- With children: 180-day minimum waiting period
💬 Real Examples: Male vs. Female Perspectives
👩 Emily’s Story – Stay-at-home mother in Grand Rapids
Emily, a mother of two, filed for divorce after 12 years of marriage. With no job and full-time parenting duties, she requested spousal support and primary custody. The judge granted temporary spousal support and scheduled a parenting evaluation. In the end, the couple agreed on joint custody, but Emily received spousal support and the family home.
👨 Derrick’s Case – Working father in Detroit
Derrick, a nurse and father of one, faced resistance from his wife regarding joint custody. He proved his active role in parenting and stable work schedule. With the help of mediation, the court approved a shared parenting plan with equal time.
💡 Lesson: Michigan courts do not favor one parent based on gender — they consider the best interests of the child.
🧒 Child Custody in Michigan (2025)
There are two types of custody:
- Legal Custody – Decision-making power
- Physical Custody – Where the child lives
Michigan courts typically encourage joint legal custody unless there’s abuse, neglect, or one parent is unavailable.
Factors Considered:
- Emotional ties with each parent
- Each parent’s ability to provide
- School and community ties
- Parental moral fitness
- Domestic violence history
📌 Read more at: Michigan Legal Help – Custody
💸 Spousal Support in Michigan (2025)
Michigan doesn’t use a strict formula for alimony. Instead, courts consider:
- Length of marriage
- Age and health of both spouses
- Standard of living during the marriage
- Each spouse’s income and ability to work
- Contributions (financial or domestic) to the marriage
💡 Spousal support can be temporary, rehabilitative (to help a spouse become self-supporting), or permanent in long-term marriages.
🏠 Property Division in Michigan
Michigan is an equitable distribution state. That means property is divided fairly, not necessarily 50/50.
Marital property includes:
- Joint bank accounts
- Retirement accounts earned during marriage
- Property bought together
Separate property includes:
- Assets owned before marriage
- Inheritances or gifts received individually
📑 Key Portals and Resources
- Michigan Legal Help – Step-by-step divorce forms and court help
- State Court Forms – Divorce and custody forms
- Friend of the Court Handbook – Custody and support rules
- Wayne County Family Court – Example of a major Michigan county court site
⚖️ Mediation in Michigan – A Fair Middle Ground
Michigan law encourages Alternative Dispute Resolution (ADR) like mediation before going to trial. This helps couples avoid costly court battles and reach a compromise.
Benefits:
- Saves money
- Keeps decisions in your hands
- Often results in better co-parenting relationships
📌 Some counties require mediation before custody trials.
💬 Final Thoughts: What You Should Do Next
Divorce is a legal process — but also a personal journey. Whether you’re a mother worried about protecting your child or a father determined to remain in your child’s life, Michigan’s legal system in 2025 offers clear pathways and resources to support you.
Here’s what to do:
- ✅ Download official court forms from Michigan Legal Help
- ✅ Consult with a local family attorney (optional but helpful)
- ✅ Consider mediation before litigation
- ✅ Know your rights and document everything
Small Claims Court in Michigan: How It Works (2025)
Whether you’re a landlord, tenant, small business owner, or everyday consumer, the Small Claims Court in Michigan provides a fast, affordable way to resolve disputes without hiring a lawyer. In 2025, the process remains accessible and user-friendly — but only if you understand the rules.
This guide explains:
- Who can file in small claims court
- Step-by-step process
- What happens at the hearing
- Real case examples
- Official court links and tips for winning
Let’s dive into everything you need to know before filing a small claim in Michigan this year.
✅ What Is Small Claims Court?
Small Claims Court is a division of Michigan’s District Court system that handles civil disputes involving $6,500 or less. These cases are decided by a judge (not a jury) and typically move faster than traditional lawsuits.
💡 Key Point: Lawyers are not allowed to represent clients in small claims court. This helps keep things informal and affordable.
📋 Who Can File a Small Claims Case?
Any person, business, or organization can file a claim if the amount owed is $6,500 or less and the dispute involves:
- Unpaid debts
- Security deposit returns
- Property damage
- Breach of contract
- Unpaid wages or services
- Minor auto accidents
🧠 Example: In 2024, a Detroit-based freelance designer used small claims court to recover $3,200 in unpaid invoices from a local startup. With signed emails and project logs as evidence, the judge ruled in her favor.
❌ What Small Claims Court Cannot Handle
Small Claims Court is not appropriate for:
- Divorce or child custody issues
- Criminal matters
- Libel or slander
- Complex legal issues (e.g., probate or intellectual property)
If your case involves these areas, you must file in a different court or division.
📍 Where to File: Choosing the Right Court
File in the District Court where the defendant lives or where the dispute occurred.
Example: If you’re suing a tenant who lives in Lansing, file your claim at the 54-A District Court (Lansing’s local court).
Use this tool to find your local court:
👉 https://courts.michigan.gov/administration/scao/resources/pages/trial-court-directory.aspx
📄 Step-by-Step: How to File a Small Claims Case in Michigan (2025)
Step 1: Fill Out the Form
Complete the “Affidavit and Claim” (DC 84) form. This includes:
- Your name and contact info (plaintiff)
- Defendant’s name and address
- Dollar amount you’re claiming
- Reason for the claim
Download the form here:
👉 https://courts.michigan.gov
Step 2: File Your Claim with the District Court
Take your completed Affidavit and Claim form to the clerk’s office in the appropriate court.
Step 3: Pay the Filing Fee
Fees vary based on the amount of your claim:
| Claim Amount | Filing Fee (Approx.) |
|---|---|
| Up to $600 | $30 |
| $600–$1,750 | $50 |
| $1,750–$6,500 | $70 |
💡 Additional Costs: You’ll also need to pay for serving the papers (about $15–$35 more, depending on how it’s done).
Step 4: Serve the Defendant
You must officially notify (serve) the other party. Service can be done by:
- Certified mail (by the court)
- Process server
- Sheriff’s deputy
Once served, the defendant has a specific time to appear in court.
🏛️ What Happens at the Hearing?
Prepare Your Case
On your court date, both parties will explain their side of the story. Be professional, organized, and respectful.
Bring to court:
- Contracts, receipts, estimates
- Photos or videos (if applicable)
- Text messages or emails
- Witnesses, if any
Day of the Hearing
- Arrive early
- Dress appropriately (business casual)
- Wait for your case to be called
The judge may decide immediately or take time to review and issue a decision later by mail.
⚖️ Real Example: In 2023, a tenant in Ann Arbor sued her landlord for withholding a $950 security deposit without valid reason. She brought photos of the undamaged unit and emails promising the return. The judge awarded her the full amount plus court costs.
🧾 What If You Win?
If you win your case, the judge will issue a “judgment” in your favor.
But that doesn’t guarantee payment. You may need to take further action such as:
- Wage garnishment
- Bank account garnishment
- Property liens
Michigan offers a form called the “Request and Order to Seize Property” (MC 19) to help enforce judgments.
Learn more here:
👉 https://www.michiganlegalhelp.org/self-help-tools/money-and-debt
❓ What If You Lose or Want to Appeal?
In most cases, you can’t appeal a decision from Small Claims Court if you’re the plaintiff. However, defendants can appeal to the District Court within 10 days after the judgment is issued.
If you expect to need an appeal, you may want to consider filing your case in the general civil division of the District Court instead.
👨👩👦👦 How Divorce-Related Disputes Use Small Claims Court
Small Claims is often used for disputes after divorce, such as:
- Unpaid shared expenses for kids
- Personal loan repayment between ex-spouses
- Disputes over joint property that weren’t resolved in family court
🧔 Male perspective: A divorced father in Grand Rapids used small claims court to recover $2,300 from his ex-spouse for unpaid half of daycare costs. He brought their divorce decree showing the shared responsibility and won the case.
👩 Female perspective: A woman in Flint sued her ex-husband over damage he caused to a jointly owned car. With auto repair receipts and witness testimony, she secured full compensation.
✅ Advantages of Small Claims Court in Michigan
- Affordable: No lawyers = no high legal fees
- Fast: Cases usually heard within 30–60 days
- Simple: Designed for non-lawyers
- Enforceable: Legal power to collect payment
🛠️ Helpful Resources
- 🏛️ Michigan Courts Small Claims Page
https://courts.michigan.gov/self-help/center/civil/small-claims - 📄 Free Forms Download
https://courts.michigan.gov/forms - 👩⚖️ Michigan Legal Help for Debt & Small Claims
https://www.michiganlegalhelp.org - 🏢 Find Your District Court
https://courts.michigan.gov/administration/scao/resources/pages/trial-court-directory.aspx
💬 Final Thoughts: Should You File?
Small Claims Court is an excellent option if:
- You’re owed less than $6,500
- You have clear proof and documentation
- You’re ready to represent yourself
Whether you’re a tenant, freelancer, parent, or neighbor — knowing how to navigate the Small Claims Court in Michigan can save you time, money, and frustration.