Getting Divorced
MCL 552.6 and 552.9 — the one ground, how long to live here first, and how long before a judgment
A complaint for divorce is filed in the circuit court on one allegation: 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. The complaint gives no other explanation of the grounds than those words.
The defendant's answer may admit or deny the grounds without further explanation. An admission may be considered by the court but does not bind it. The court enters the judgment if evidence is presented in open court that the breakdown has happened.
| Before a judgment | What the statute sets |
|---|---|
| Before a judgmentLiving in Michigan | What the statute setsThe complainant or the defendant has resided in the state for 180 days immediately before the complaint is filed. |
| Before a judgmentLiving in the county | What the statute setsOne of them has resided in the county of filing for 10 days immediately before filing. That is waived where the defendant was born in or is a citizen of another country, the parties have minor children, and there is information that the children are at risk of being taken out of the United States and kept in another country by the defendant. |
| Before a judgmentWaiting, no minor children | What the statute setsNo proofs or testimony until 60 days after the complaint is filed, except where the cause is desertion. |
| Before a judgmentWaiting, with children under 18 | What the statute setsNo proofs or testimony until 6 months after filing. In cases of unusual hardship or compelling necessity the court may take testimony any time after 60 days. |
On a divorce, the court may restore to either party all or part of the real and personal estate that came to them by reason of the marriage, or award its value in money.
Where what each party is awarded is not enough for the suitable support of either party and the children in their care, the court may also award part of the other party's estate, and spousal support, in gross or otherwise, as it considers just and reasonable after considering each party's ability to pay, their character and situation, and all the other circumstances of the case.
Custody and parenting time in a divorce follow the child custody act, on the custody page. How property is divided and spousal support is set in practice comes largely from court decisions rather than these sections, and is not covered here.
Sources for this section (5)
- MCL 552.6 — Complaint for divorce, the ground, and the answer
- MCL 552.9 — Residency before a judgment of divorce
- MCL 552.9f — Waiting periods before testimony in a divorce
- MCL 552.19 — Restoring property to either party
- MCL 552.23 — Further award of property, and spousal support
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.