Divorce

The family division of the circuit court handles all divorce cases in Michigan. If you want to file for a divorce, one of the parties must have lived in Michigan for at least 180 days, and in the county where the case will be filed for at least 10 days before filing. The person who starts the divorce action is called the plaintiff. The plaintiff must file a complaint asking the court to grant a divorce. There is a filing fee for this action. The filing fee may be more if there are children of the marriage who are under the age of 18.

If there are no children under the age of 18, there is a 60 day waiting period before a divorce can be granted. In cases where there are minor children, the waiting period is generally 6 months.

Before a divorce is granted, the court must find that there has been a breakdown in the marriage relationship to the extent that the parties cannot live together as husband and wife. At least one of the parties must appear in court to show that this breakdown exists. In Michigan, a divorce can be granted even if one of the parties does not want the divorce.

You do not need an attorney to represent you in a divorce case, but you will be expected follow all the laws, court rules and procedures. A list of attorneys who practice divorce law can be obtained from the bar association in your local area.

Besides ending the marriage, a divorce will divide the belongings and debts accumulated during the marriage and decide whether spousal support is required. The term spousal support, sometimes called alimony,  refers to the amount of money the court feels one party should pay to support the other party. In divorce cases where there are children who are under the age of 18, the divorce judgement will address child custody, support, and parenting time. Divorce cases where there are minor children involved may be referred to the Friend of the Court office for investigation and recommendations.

For more information about child custody, support, and parenting time,  return to the main menu.

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Additional resources on this topic

"Model Friend of the Court Handbook"-Part 1;Part 2; Part 3; Part 4;Part 5; Part 6;Part 7 "Understanding Child Support Payment Distribution"
This pamphlet was prepared by the Michigan State Court Administrative Office.  The material explains the federal rules for how support is paid through a state agency. 1999
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Last updated 5-7-99

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov