The Michigan divorce waiting period is at least 60 days if you have no minor children, and at least six months if you do have minor children. Many divorces take longer than the minimum, because the waiting period is only the shortest possible time, not a prediction for any one case.
This article explains how the waiting period works, what happens while you wait, and what can slow a case down. It is general information, not legal advice. Every family is different.
How long is the Michigan divorce waiting period?
The waiting period is a built-in pause. A judge generally cannot sign the final divorce judgment until it has passed. The length depends on one question: do you and your spouse have minor children together?
Divorce with no minor children
If there are no minor children, the waiting period is 60 days. The clock generally starts when the divorce complaint is filed with the court.
Divorce with minor children
If there are minor children, the waiting period is six months. Michigan law allows a judge to shorten this in some limited situations. A judge decides that, and nobody can count on it.
Is the waiting period the same as the total time a divorce takes?
No. The waiting period is a minimum. A divorce can only finish faster than the waiting period allows if the law lets the judge shorten it. It can finish much later if the spouses disagree or the court schedule is busy.
Two things decide most of the timeline:
- How much you and your spouse agree on. Couples who agree on children, money and property can often finish close to the minimum.
- How full the court’s calendar is. Hearings and trial dates depend on the judge and the county.
What happens between filing and the final judgment?
The steps usually look like this:
- Filing the complaint. One spouse starts the case by filing papers with the circuit court.
- Serving the other spouse. The other spouse must be formally given the papers. Rules apply to how this is done.
- The response. The other spouse has a set time to answer [VERIFY: the deadline to answer a divorce complaint].
- Temporary orders. If needed, the court can set short-term rules on things like parenting time, support and who stays in the home.
- Sharing information. Both sides exchange details about income, debts, bank accounts, retirement accounts and property.
- Negotiation or mediation. Many cases settle at this stage, and some courts encourage it.
- Final judgment. If you settle, the judge reviews and signs the judgment. If you do not, the judge decides the open issues after a hearing or trial.
In cases with children, the county’s Friend of the Court office often plays a role, especially with child support, parenting time and custody recommendations.
Where do I file for divorce in Michigan?
You generally file in the circuit court in the county where you or your spouse lives. Michigan also has residency rules about how long you must have lived in the state and county before filing. You must live in the county in which you file, at least 10 days immediately before filing and also, must have lived in Michigan for at least 180 days before the filing. For people in Hillsdale, Branch, Jackson or Calhoun County, that usually means the circuit court in the county where one of you lives. Court rules and forms can change, so check the official Michigan Courts website for current information.
What can make a divorce take longer?
Some of the common reasons a case runs past the minimum:
- Disagreements about custody or parenting time. These can lead to added hearings and recommendations.
- Disputes over property or debts. A family business, farmland, rental property or inherited items can take more time to sort out.
- Retirement accounts. Dividing a pension or 401(k) can need extra paperwork.
- Trouble serving the other spouse. If a spouse cannot be found or will not cooperate, the case can stall.
- Missing or late financial information. Incomplete records slow down negotiation.
- Court scheduling. Even an agreed case needs a judge’s signature.
Can a Michigan divorce be finished faster?
Sometimes a case moves more smoothly, but no one can promise a date. Things that tend to help are:
- Gather your paperwork early: tax returns, pay stubs, bank and retirement statements, mortgage and loan records, and vehicle titles.
- Make a list of what you and your spouse agree on and what you do not.
- Respond to court papers and requests on time. Missed deadlines can cause real problems.
- Keep communication with your spouse calm and in writing when you can.
- Think about what matters most to you for the children and the finances, so you can focus on those issues.
What if my spouse and I agree on everything?
An agreement helps, but the court still has to approve it. You still have to file the right papers, wait out the required period and have the judgment entered. When children are involved, the judge also looks at whether the arrangements are appropriate for them. A written agreement should be clear and complete, because it becomes a court order that can be hard to change later.
Should I talk to a lawyer before filing?
You are allowed to handle a divorce on your own, but the paperwork and deadlines can be confusing, especially with children, property or support at stake. A lawyer can explain how the rules apply to your situation and what to expect in your local court. You can read more about this area of the practice on the family law: divorce and child custody page, or learn about the attorney on the About Attorney Brendan J. Sanger page.
Michigan law also changes from time to time. You can look up current statutes on the Michigan Legislature website.
Talk with our Litchfield office
If you are thinking about divorce or have been served with papers, it helps to get your questions answered early. Our office in Litchfield, in Hillsdale County, can talk through your situation. Call 517-206-3555 or use the contact page to get in touch.
Common questions
How long is the waiting period for divorce in Michigan?
Generally 60 days when there are no minor children and six months when there are. The period usually starts when the complaint is filed. Confirm current rules before relying on these numbers, since the law can change.
Can the six-month waiting period be waived in Michigan?
In limited situations a judge may shorten it when children are involved. It is the judge's decision, and no one can promise it will happen. A lawyer can explain whether your facts might qualify.
Does the waiting period start when I file or when my spouse is served?
It generally starts when the divorce complaint is filed with the court, not when the other spouse is served. Serving your spouse still has to be done correctly for the case to move forward.
Why is my Michigan divorce taking longer than six months?
Common reasons include disagreements about custody, support or property, slow exchange of financial records, problems serving a spouse, and court scheduling. The waiting period is only the minimum time.
This article is general information about Michigan law, not legal advice for your situation. Laws change and every case is different. To talk about your case, call 517-206-3555.