How to File for Divorce in Michigan: A Step-by-Step Guide from a Metro Detroit Divorce Attorney

Royce Nunley
5 days ago
4 min read

Updated: 20 hours ago

If you’re like many married couples in Michigan facing difficult times, you may have made the hard decision to end your marriage. While the divorce process can be emotionally and financially stressful, understanding each step can make the experience more manageable.

At The Nunley Law Group, a top-rated family law firm located in St. Clair Shores, we help clients across Macomb County, Wayne County, Oakland County, and the entire Metro Detroit area navigate divorce with compassion and clarity. Whether your divorce is amicable or contested, here’s a breakdown of the essential steps in the Michigan divorce process.

Step 1: Preparing and Filing a Complaint for Divorce

In Michigan, every divorce—whether contested or uncontested—requires a formal court process. The first step is filing a Complaint for Divorce. The spouse filing the complaint is known as the Plaintiff, while the other is the Defendant.

To file for divorce in Michigan, one spouse must have:

Lived in Michigan for at least 180 days
Lived in the county where the divorce is filed for at least 10 days

Filing the complaint initiates the process and may allow the Plaintiff to request initial court orders to address custody or financial issues temporarily.

Step 2: Filing a Verified Statement (If You Have Minor Children)

If minor children are involved, you must file a Verified Statement with the Friend of the Court. This document includes:

Parental employment details
Health insurance coverage for the children
Identifying information needed for child support and custody decisions

Step 3: Requesting Ex Parte Orders

As the Plaintiff, you may also file Ex Parte Orders—temporary court orders issued without the other party’s prior knowledge. These orders may cover:

Temporary child custody and parenting time
Preventing either party from selling or transferring marital assets

Step 4: Serving Divorce Papers to Your Spouse

All divorce documents—including the Complaint, Verified Statement, and any Ex Parte Orders—must be properly served to your spouse. In amicable cases, they may simply sign an Acknowledgment of Service. Otherwise, a process server may be used.

Step 5: Filing an Answer to the Divorce Complaint

The Defendant typically has 21 days to respond, or 28 days if served by mail or out-of-state. The Answer will either admit or deny the allegations in the Complaint and may also contest any temporary Ex Parte Orders.

If no Answer is filed, the Plaintiff can request a Default Judgment, although the Defendant may file a motion to set it aside before the final hearing.

Step 6: Discovery Phase

Michigan divorce cases involve full and open discovery. Each party must disclose financial information, including:

Bank accounts
Real estate and business interests
Debts and retirement assets

This phase may involve written questions (interrogatories), document requests, and depositions to ensure a fair and equitable division of marital property.

Step 7: Settlement Negotiations

Most divorces in Michigan are settled out of court. A settlement agreement will outline the terms of:

Child custody and parenting time
Child support
Division of assets and debts
Spousal support (alimony)

If retirement accounts like 401(k)s or pensions are involved, a Qualified Domestic Relations Order (QDRO) is used to divide them without tax penalties.

Step 8: Finalizing the Divorce in Court

Once an agreement is reached, you will file a Judgment of Divorce and schedule a final hearing. Even in uncontested divorces, a court appearance is required. At the hearing, both spouses testify that the terms are fair and that the marriage has irretrievably broken down.

Waiting periods in Michigan:

No minor children: 60-day minimum
With minor children: 180-day minimum (can sometimes be waived)

Want to Know More About How to File For Divorce in Michigan? Call a Trusted St. Clair Shores Divorce Lawyer Today

Divorce can be one of the most difficult experiences of your life. At The Nunley Law Group, we are committed to helping families in St. Clair Shores, Macomb County, Wayne County, Oakland County, and throughout Metro Detroit move forward with confidence.

Our experienced Michigan divorce attorneys provide compassionate, knowledgeable guidance tailored to your situation.

📞 Call us today to schedule your consultation and take the first step toward a better future.

| About the Author

Email. Royce@nunleylawgroup.com

Tel. 586-778-4555

Royce Nunley is the founder and lead attorney at The Nunley Law Group, where he represents clients in the areas of Family Law, Criminal Defense, Social Security Disability, and Personal Injury. Known for his client-focused approach and legal insight, Royce is deeply committed to delivering personalized legal solutions tailored to each individual's needs.

Royce earned his Bachelor’s Degree in Spanish, Cum Laude, from Wayne State University, and continued his education at Wayne State University Law School, where he received his Juris Doctorate, also Cum Laude. His academic excellence laid a strong foundation for a career marked by both compassion and tenacity in the courtroom.

Royce has been recognized for his outstanding work in Family Law, earning the distinction of Super Lawyers "Rising Star" for six consecutive years—2019 through 2024—an honor reserved for only the top 2.5% of attorneys in the state.

With a reputation for taking the time to truly understand his clients and their legal challenges, Royce ensures that every person who walks through his door receives the respect, transparency, and tireless advocacy they deserve.