In divorce actions, one party typically initiates the legal process by filing a complaint in the circuit court where one or both parties reside, stating the legal grounds (reasons) for the action. Notably, Michigan is a no-fault state, meaning that neither party has to prove any fault or wrongful conduct for the divorce to be granted. 

Along with the complaint, the filer must pay a fee. Currently, there’s a $150 filing fee and a $25 electronic filing service fee, for a total of $175. If your divorce involves child custody or parenting time, you have to pay an additional $80. If the action involves child support only, you have to pay an additional $40 instead. If these fees are challenging for you, you can submit a request that the court waive the fees. The court takes a number of factors into consideration to determine whether to grant these requests.

If the spouses disagree on any terms of the divorce (such as property division, child custody, parenting time, child support and spousal maintenance), Michigan judges often order the couple to attend mediation to attempt to find some common ground. Michigan courts also offer a mediation-like alternative dispute resolution program through Michigan’s Friend of the Court (FOC) system. The FOC may help parents work through disagreements informally through joint meetings, conferences or a hearing before an FOC referee. These meetings typically address issues related to child custody, parenting time and child support. 

Whether through mediation, FOC or on their own, if the spouses can find an agreement on all issues of the divorce, the divorce is uncontested. The spouses can file a proposed divorce decree with the court. Unless the agreement is contrary to the law, the court generally orders a divorce decree under the proposed terms.

If the spouse can’t reach an agreement, they have a contested divorce and may end up in the courtroom. There, the spouses put forward evidence in a hearing to argue for their desired outcome. Then the court reaches a decision and issues a divorce decree.

Even in divorces where the couple agrees on everything, the court won’t issue a decree right away. The court must wait 60 days after the couple officially files for divorce if they have no minor children or six months if they have minor children before issuing the divorce decree. This waiting period applies even if the couple separated before filing for divorce but may be waived in compelling circumstances.