08/16/2026
Michigan No-Fault Divorce: What You Need to Know
If your marriage is no longer working and reconciliation is not realistic, Michigan law generally does not require you to prove adultery, abandonment, cruelty, or other marital misconduct to obtain a divorce. Michigan is a no-fault divorce state, meaning one spouse can seek a divorce even if the other spouse does not want the marriage to end.
If you are considering divorce in Michigan and want to understand your rights, options, and potential costs, visit GetMeDivorce.com or call 248-281-6299 for a consultation.
What Does “No-Fault Divorce” Mean in Michigan?
Under MCL 552.6, a Michigan divorce may be granted when there has been a breakdown of the marital relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be preserved.
In practical terms, you generally do not have to prove that your spouse did something wrong to obtain a divorce.
You do not necessarily have to prove:
Adultery
Abandonment
Cruelty
Abuse
Financial misconduct
Substance abuse
Failure to support the family
If one spouse believes the marriage has irretrievably broken down and the statutory requirements are established, the other spouse generally cannot prevent the divorce simply by refusing to agree.
Does Fault Still Matter in a Michigan Divorce?
Yes. No-fault does not necessarily mean fault is irrelevant.
Although marital misconduct is not required to obtain the divorce itself, the circumstances surrounding the marriage may still become relevant to disputed issues depending upon the particular facts and applicable Michigan law.
A contested divorce may involve significant disagreements concerning:
Property and Debt Division: Homes, businesses, retirement accounts, pensions, investments, vehicles, bank accounts, credit-card obligations, and other marital assets and liabilities may have to be identified, valued, classified, and divided.
Spousal Support: One spouse may request alimony or spousal support. The amount and duration, if any, depend upon the circumstances of the marriage and the parties.
Child Custody: When minor children are involved, custody and parenting-time issues can become the most important—and sometimes most contested—part of the divorce.
Child Support: Child support is generally determined under Michigan law and the Michigan Child Support Formula, subject to the circumstances of the case.
Hidden or Dissipated Assets: A spouse's concealment, transfer, dissipation, or misuse of marital assets can become an important issue requiring investigation and discovery.
Therefore, being a “no-fault” state does not necessarily mean that the conduct of the spouses has no legal significance.
Can My Spouse Refuse to Give Me a Divorce?
A spouse generally cannot keep another spouse married indefinitely merely by refusing to sign divorce papers.
Michigan law requires evidence establishing the statutory breakdown of the marriage before the court enters the judgment of divorce.
However, a spouse can contest important issues within the divorce—including property division, custody, parenting time, support, valuation of assets, business interests, retirement benefits, and other financial matters. This can turn an otherwise straightforward divorce into contested litigation.
How Long Must You Live in Michigan Before Filing?
Michigan also imposes residency requirements. Generally, either the plaintiff or defendant must have resided in Michigan for at least 180 days immediately before the complaint is filed, and one of the parties ordinarily must have resided in the county where the case is filed for at least 10 days before filing. Michigan law provides a limited statutory exception to the county requirement in certain international child-removal circumstances. MCL 552.9.
How Long Does a Michigan Divorce Take?
Michigan law generally provides a 60-day statutory waiting period in divorce cases. When the parties have dependent minor children under 18, the statute generally provides a six-month period, although the court may shorten that period in cases involving unusual hardship or compelling necessity after at least 60 days have elapsed. MCL 552.9f.
The actual length of a divorce can be longer when the parties dispute custody, property, businesses, retirement accounts, support, or other significant issues.
Uncontested vs. Contested Michigan Divorce
An uncontested divorce generally occurs when the spouses are able to reach agreement regarding all material issues necessary to enter a final judgment.
A contested divorce occurs when the parties cannot agree on one or more significant issues. Litigation may then involve discovery, interrogatories, document requests, subpoenas, depositions, property valuations, custody evaluations, motions, settlement conferences, mediation, and potentially trial.
The fact that Michigan permits no-fault divorce does not automatically make every divorce simple or uncontested.
Protect Yourself Before Signing a Divorce Agreement
A divorce judgment can affect your property, finances, children, retirement benefits, and future for many years. Before signing a settlement agreement or consent judgment, you should understand exactly what rights you are giving up and what obligations you are accepting.
This is particularly important when the marriage involves substantial assets, real estate, businesses, retirement accounts, significant debt, unequal income, custody disputes, or concerns that a spouse may be concealing assets.
Michigan Divorce Lawyers
Whether you are seeking an uncontested divorce or facing a complicated divorce involving child custody, parenting time, child support, spousal support, property division, business assets, retirement accounts, or contested litigation, obtaining legal advice early can help you understand your options and protect your interests.
Considering Divorce in Michigan?
Visit GetMeDivorce.com
Call: 248-281-6299
Speak with a Michigan divorce lawyer about your circumstances, your rights, and the appropriate strategy for moving forward.
This article provides general information regarding Michigan divorce law and is not intended as legal advice for any particular case.
