Preparing for a divorce in Michigan generally involves several legal and practical steps.
- Understand Residency Requirements
To file for divorce in Michigan:
- You or your spouse must have lived in Michigan for at least 180 days.
- You must have lived in the county where you’re filing for at least 10 days.
- The 10-day county requirement may be waived in certain international custody risk cases.
- Decide on the Type of Divorce
- Uncontested Divorce: Both parties agree on all terms (property, custody, support).
- Contested Divorce: Disagreements exist and may require court intervention.
- Gather Important Documents
Prepare copies of:
- Financial records (bank statements, tax returns, pay stubs)
- Property deeds and titles
- Debts and liabilities
- Prenuptial or postnuptial agreements
- Child-related documents (if applicable)
- File the Divorce Petition
- File a Complaint for Divorce with the local circuit court.
- Serve your spouse with the divorce papers.
- Address Key Issues
- Property Division: Michigan follows equitable distribution (not necessarily 50/50).
- Spousal Support (Alimony): May be awarded based on need and contributions to the marriage.
- Child Custody and Support: Determined based on the child’s best interests.
- Attend Court Hearings (if needed)
- If uncontested, you may only need one hearing.
- Contested cases may require multiple hearings and possibly a trial.
- Finalize the Divorce
- Once all issues are resolved, the judge will issue a Judgment of Divorce.
- There is a 60-day waiting period (or 180 days if children are involved).
