Guide to Uncontested Divorce in Michigan

Uncontested / Simple Divorce in Michigan: A Plain-English Guide

If you and your spouse agree your marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce in Michigan can be a practical option. But Michigan has a few common “gotchas” that surprise DIY filers, especially the two different statutory waiting periods and the fact that you’ll usually still do a brief Pro Confesso hearing (testimony) even if everyone agrees.

This guide explains what a “simple” Michigan divorce usually means, who qualifies, the basic court steps, and what to expect for timing and cost, with Michigan-specific terms and common statewide forms so you don’t feel lost when you’re looking at court packets.

Important disclaimer: PlainDivorce is not a law firm. This article is legal information only, not legal advice. Court rules and forms can change and local Circuit Courts may have extra requirements. Always confirm current requirements with your county clerk or Michigan courts, or get advice from a Michigan family lawyer if you’re unsure.

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Table of Contents

1. What is an uncontested or “simple” divorce in Michigan?
2. Who qualifies in Michigan? (Residency + no-fault grounds)
3. The #1 Michigan issue: the 60-day vs. 180-day waiting period
4. Step-by-step overview (forms, filing, service, hearing)
5. Special issues when you have minor children (Friend of the Court + FOC forms)
6. How long it takes in real life
7. Typical costs
8. When DIY may not be safe or smart
9. Where a self-help kit fits
10. Final thoughts

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1. What Is an Uncontested or Simple Divorce in Michigan?

Michigan is a no-fault divorce state. You generally file by stating the marriage has broken down and there’s no reasonable chance of repairing it.

When people say “uncontested” or “simple divorce” in Michigan, they usually mean:

• One spouse files a Complaint for Divorce (or you proceed cooperatively),
• You reach agreement on children, support, and property (or the other spouse does not fight it), and
• The court can sign a Judgment of Divorce (JOD) without a trial.

Michigan courts and self-help packets often separate divorces into two tracks because the paperwork and timing change:

• Without minor children (shorter waiting period and fewer required orders), and
• With minor children (longer waiting period and Friend of the Court requirements).

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2. Who Qualifies for an Uncontested Divorce in Michigan?

2.1 Residency requirements (state + county)

To file for divorce in Michigan, at least one spouse generally must:

• Have lived in Michigan for at least 180 days immediately before filing; and
• Have lived in the county where you file for at least 10 days immediately before filing.

2.2 Grounds for divorce (no-fault)

Michigan’s standard no-fault approach is based on the idea that the marriage has broken down beyond repair. You typically use the court’s standard language in your Complaint for Divorce.

2.3 Practical requirement: agreement (or no opposition)

To keep your case truly uncontested, you usually need agreement (or at least no opposition) on:

• Custody and parenting time (if you have children),
• Child support and/or spousal support (if applicable), and
• Division of property and debts (often written into the Judgment of Divorce).

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3. The #1 Michigan Issue: The 60-Day vs. 180-Day Waiting Period

This is the biggest Michigan timing confusion: the mandatory waiting period is not the same for everyone, and it generally runs from the filing date, not from the day you separated.

• No minor children: the court generally cannot finalize the divorce until at least 60 days after the case is filed.
• With minor children: the court generally cannot finalize the divorce until at least 180 days (about 6 months) after filing, even if you agree on everything.

A judge can sometimes shorten the 180-day period in limited situations (often described as unusual hardship or other compelling reasons), but Michigan treats the longer timeline as the default when minor children are involved.

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4. Step-by-Step Overview of the Uncontested Divorce Process in Michigan

Local practice varies by county, but most Michigan uncontested divorces follow the same basic structure.

Step 1 – Choose the right packet: “With Children” vs. “Without Children”

Start by using the correct track. Michigan self-help resources separate cases because the waiting period and Friend of the Court requirements change when minor children are involved.

Step 2 – Work out your terms (so they can go into the final documents)

In Michigan, many agreed terms are written into the Judgment of Divorce (JOD), but cases with children also rely on separate Friend of the Court orders and summaries (explained below). Being specific about parenting time, insurance, and who pays which debts matters because vague agreements often cause delays.

Step 3 – Prepare the core Michigan forms (SCAO approved)

Michigan uses statewide, SCAO-approved forms. While exact lists can vary by county and by “with/without children,” many uncontested cases commonly include items like:

• Complaint for Divorce (different versions exist for cases with vs. without minor children),
• Summons (MC 01) in cases where service is required,
• Record of Divorce or Annulment (DCH-0838) (vital records form to register the divorce),
• Judgment of Divorce (JOD) (the final judgment the judge signs),
• Domestic Relations Judgment Information (FOC 100) (a required administrative summary in many counties).

Important: If minor children are involved, your packet is usually not “complete” without the Friend of the Court forms and orders described in Section 5 below.

Tip: If your county provides a packet or checklist, follow it exactly. Courts often reject filings for missing cover sheets, local add-ons, or outdated versions of statewide forms.

Step 4 – File in the Circuit Court (Family Division)

You typically file in the Circuit Court in the county where you meet the 10-day county residency rule. The clerk assigns a case number and provides next-step instructions for service, scheduling, and (if applicable) Friend of the Court processing.

Step 5 – Service (unless your court allows an accepted cooperative method)

Most cases require proper service of the summons and complaint. You generally cannot serve the papers yourself. Your court packet will explain allowed methods and how to file proof of service.

Step 6 – Mandatory waiting period (60 or 180 days)

Michigan’s waiting period is the gatekeeper to finalizing the divorce:

• 60 days from filing if there are no minor children,
• 180 days from filing if there are minor children (unless shortened by the court in limited situations).

Step 7 – The “Pro Confesso” hearing (yes, even if uncontested)

Michigan commonly requires a short final hearing where the filing spouse gives basic testimony. Many courts schedule these as Pro Confesso hearings, meaning non-contested divorce hearings.

At this hearing, you’re typically asked simple questions to establish residency, confirm the marriage breakdown, and confirm your settlement terms. If the judge approves, they sign the Judgment of Divorce and any required child support orders and administrative attachments.

What to bring: your proposed Judgment of Divorce, proof of service (if applicable), and any required Friend of the Court paperwork and orders if children are involved.

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5. Special Issues When You Have Minor Children (Friend of the Court + FOC Forms)

When minor children are involved, Michigan’s Friend of the Court (FOC) is often part of the process for custody, parenting time, and support administration. This is where many DIY filings get delayed, not because the divorce is “contested,” but because required FOC paperwork is missing.

In many “with children” cases, you should expect these Michigan-specific hard stops:

• Verified Statement (FOC 23): this is commonly treated as the FOC “intake” form that helps open the file and collect key support and insurance details.
• Uniform Child Support Order (FOC 10): this is a separate, mandatory order in many cases involving child support. In plain English, the court often needs the child support details in this standalone order rather than trying to embed everything inside the Judgment of Divorce.
• Domestic Relations Judgment Information (FOC 100): a summary sheet used for processing and registry purposes in many counties.

If the FOC or the judge believes information is missing (income, health insurance, childcare costs, overnights, or parenting schedule details), your hearing can be delayed until your paperwork is complete.

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6. How Long Does an Uncontested Divorce Take in Michigan?

In Michigan, the mandatory waiting period is the baseline, then you add service and scheduling time:

• No minor children: the absolute minimum is just over 60 days after filing, but many cases land closer to 2–4 months once you factor in service, paperwork cleanup, and hearing scheduling.
• With minor children: the 180-day waiting period is usually the main driver, so many cases run 6–12 months depending on your county’s docket and Friend of the Court processing.

Common delay causes include incomplete service, missing Friend of the Court paperwork (like FOC 23 or FOC 100), missing child support orders (FOC 10), and local scheduling backlogs.

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7. What Does an Uncontested Divorce Cost in Michigan?

Even a DIY divorce has unavoidable costs. Typical cost categories include:

• Filing fee to open the divorce case (often cited as about $175 in many counties, but confirm locally).
• Friend of the Court fee in “with children” cases (often cited as about $80, bringing the total to about $255 in many counties, but confirm locally).
• Service costs (process server or sheriff if needed).
• Copies/certifications for certified Judgment of Divorce copies.
• Possible judgment entry fee: some counties charge an additional fee when the judgment is entered (confirm with your clerk before your final hearing).

If money is tight, ask your Circuit Court clerk about Michigan’s fee waiver process and required forms.

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8. When a DIY Divorce Might Not Be Right for You

Consider getting legal advice (even a short consult) if:

• There is domestic violence, stalking, threats, or serious intimidation,
• One spouse is hiding assets or income or refusing to share financial info,
• You have complex assets (business, multiple properties, major retirement plans),
• There are serious disputes about custody, relocation, or safety, or
• Immigration, bankruptcy, or major tax consequences are in the background.

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9. Where a Self-Help Divorce Kit Fits Into the Process

Michigan provides forms, but many people still get stuck on the “how do these pieces fit together?” part, especially with the with-children vs. without-children split, Friend of the Court requirements, and preparing for a Pro Confesso hearing.

A Michigan-specific self-help kit can help you:

• Choose the correct packet (with children vs. without children),
• Track the 60-day vs. 180-day waiting period correctly,
• Prepare for common Friend of the Court requirements (FOC 23, FOC 10, and FOC 100 as applicable), and
• Assemble a clean, consistent final package for your hearing so the judge can sign without delays.

Download Our Michigan Uncontested Divorce Self-Help Kit

Our kits don’t replace legal advice and can’t guarantee results. They’re designed to give you structure, checklists, and plain-English guidance for an agreed, uncontested Michigan case.

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10. Final Thoughts and Next Steps

Michigan’s no-fault system makes divorce possible without proving wrongdoing, but the process still has strict procedural rules. If you remember only two things, make them these:

• Pick the correct track early because the waiting period is 60 days (no kids) vs. 180 days (with kids).
• Expect a short final hearing, often called a Pro Confesso hearing, and make sure your child-related Friend of the Court paperwork and orders are ready if you have children.

If your case is cooperative and your paperwork is complete, an uncontested divorce in Michigan can be a calmer and more affordable way to move forward.