This toolkit tells you about getting a divorce when you and your spouse have minor children. For general information about divorce, read the Articles. Read the Common Questions if you have a specific question. If you want to file for divorce, use the Forms link to prepare your forms. The Checklists below have step-by-step instructions for getting divorced. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
It depends. There is a 60 day waiting period if:
- There were no children born during your marriage and
- Neither you nor your spouse is pregnant
There is a six month waiting period if:
- There were children born during your marriage or
- You are pregnant or your spouse is pregnant
The waiting period starts when you file for divorce. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. In a divorce with children, the judge can waive part of the waiting period if your case involves unusual hardship or a compelling need to shorten the waiting period. The judge cannot make the total waiting period less than 60 days. To learn more, read Introduction to Divorce with Minor Children.
The waiting period is the minimum time your divorce will take. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced.
No. Michigan is a “no-fault” divorce state. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce.
The only reason for divorce in Michigan is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” This means there has been a serious, permanent, marital breakdown. It means it is very unlikely you and your spouse can work things out.
To learn about serving divorce papers, read How to Serve Divorce Papers.