Michigan Divorce Records
Table of Contents
Recent statistics indicate that Michigan has a divorce rate of 2.2 divorces per 1,000, lower than the national rate of 2.4 per 1,000 total population. Under state law, spouses may file for divorce on the grounds of an "irretrievable breakdown of their marriage" - the marriage has broken down so completely that its purpose is lost, and there is no realistic chance of saving it. This is a "no-fault" divorce, meaning that neither party is required to prove wrongdoing by the other.
The cost of a typical divorce in Michigan is around $10,215 per person, slightly higher than the national average (which is around $9,969). Be aware that actual costs are largely dependent on the complexity of the divorce (whether it is contested or uncontested) as well as other factors like attorney fees, court filing fees, mediation costs, and parenting classes.
Are Divorce Records Public in Michigan?
Michigan divorce records are generally considered public documents and may be accessed and copied by interested parties by the state's Freedom of Information Act (and other relevant statutes). However, it is important to note that while divorce records are generally open to public inspection, some records are deemed confidential and exempt from public disclosure. These include the identities of alleged sexual misconduct victims, financial account numbers, and other similar sensitive information. Likewise, the original complaint for divorce is also confidential until the divorce papers have been officially served and filed with the court.
What Is Included in Michigan's Divorce Records?
Divorce records in Michigan are a collective term for various types of documents related to divorce proceedings in the state. These documents are broadly grouped into three main types:
- Divorce Certificates: These are official documents issued by the Michigan Department of Health and Human Services that serve as proof of a divorce. Michigan divorce certificates generally contain basic information about the divorce, such as the names of the divorcing spouses, the date of the divorce, and the county where the divorce was finalized.
- Judgments of Divorce: These are also referred to as "divorce decrees". Divorce decrees outline the court's final order regarding the divorce as well as the terms of the divorce, including property division, alimony, and any custody arrangements. These documents are maintained by local clerks of court/county clerks and may be accessed through these officials.
- Divorce Court Records: These are court files containing all documents generated and/or filed in relation to a specific divorce proceeding, such as the complaint for divorce, response, motions, transcripts of hearings, and court orders. These documents are also maintained by the clerk of the court that handled the case.
How Do I Find Michigan Divorce Records?
Michigan divorce records are maintained by the state's Department of Health and Human Services (for divorce certificates) and the local clerks of court (for other records), and certified copies of these records may be obtained through the appropriate record custodian. Some common reasons for requiring a certified copy of a Michigan divorce record include:
- To provide official proof of divorce status for remarriage
- For name updates on official documents like a driver's license, passport, or Social Security records
- To provide proof of marital status for visa or citizenship applications
- To modify court orders and/or resolve disputes involving property, custody, and support
- To update beneficiaries or resolve claims involving former spouses
- To settle inheritance or estate-related issues
Look Up Michigan Divorce Certificate
The Michigan Department of Health and Human Services (MDHHS) maintains copies of statewide divorce records from 1897 to - present. You may obtain certified copies of these records by completing and mailing an Application for a Certified Copy - Michigan Divorce Record Form to the department's Division for Vital Records and Health Statistics at:
Vital Records
P.O. Box 30721
Lansing, MI 48909
There is a $34 fee, which covers a one-year search and the cost of one certified copy of the record or a "no-find" letter, indicating that the record is unavailable. Additional fees will apply for extra copies, to search additional years (if you do not know the exact year of the divorces), and/or for rush (expedited) services. Regular requests are typically processed within 4 - 6 weeks, while rush requests take 2 - 3 weeks.
In-person requests may also be made at this location between 10:00 a.m. and 2:00 p.m. on Tuesdays and Thursdays; however, this option is by appointment only. Alternatively, requests for certified copies of Michigan divorce certificates may be made by submitting the completed application, along with necessary fees and supporting ID/documentation, via the department's Drop Box located at:
333 S. Grand Avenue
Main Lobby
Lansing, MI 48933
Hours: 7:00 a.m. - 5:30 p.m., Mondays to Fridays
The MDHHS also offers other forms of divorce records that may be required for specific reasons. These include:
- Apostilled/Authenticated Divorce Certificates - These are typically required by foreign countries for residency, adoption, or work.
- Apostilled/Authenticated Statement of No Divorce - These are typically required to get married in a foreign country.
- Verifications of Divorce - These serve to verify key facts about a divorce.
Look Up Michigan Divorce Decree
Michigan divorce decrees are maintained locally by the clerk of court in the county where the divorce was granted. You may access and obtain copies of these records by following these steps:
- Identify the county where the divorce was handled and contact the clerk of court/county clerk.
- Submit a formal request for the record. This may be done in person, via mail, or online if the county offers this option. You will typically need to provide necessary information, such as the names of both parties involved in the divorce, the date of the divorce, and a divorce case number.
- Pay the stipulated fees. This varies by county but typically ranges from $10 - $15 per copy (some counties offer lesser rates for additional copies).
Look Up Michigan Divorce Court Records
Michigan courts do not generally grant access to entire divorce court records (the case file containing all documents about a particular divorce), as some of these records may be confidential or contain sensitive, restricted information. Nevertheless, you may obtain specific documents contained in the file, such as the divorce decree and other court orders, by reaching out to the circuit court where the divorce was finalized. Be aware that each court may have its own records request process, which may include submitting a written request and providing a valid ID. You will also have to pay a fee to obtain copies of these records.
Can You Seal Divorce Records in Michigan?
Yes, divorce records may be sealed in Michigan. This is usually done to protect sensitive information contained in the record or to protect the privacy of involved parties, particularly minors and abuse victims.
To seal a divorce record in Michigan, you will need to submit a formal motion to the court that handled the divorce. This motion should include an affidavit or any other supporting documentation/evidence demonstrating "good cause" as to why sealing the records is necessary. The court will typically schedule a hearing to review the request, and you may be required to present your case before the judge decides on whether to grant your request.
It is important to note that this is entirely at the judge's discretion, and they will typically weigh the public's right to access court proceedings against the indicated privacy interests before reaching their decision. If the request is granted, an order will be issued to seal the records.
How Long Does a Divorce Take in Michigan?
Under Michigan law, no evidence (proof or testimony) can be submitted in a divorce case until 60 days have passed since the initial filing of the complaint for divorce; in cases involving minor children, this is extended to six months. This waiting period generally serves as a "cooling-off" time to encourage reconciliation or careful consideration before the divorce proceeding fully commences.
Does Michigan Require Separation Before Divorce?
No, Michigan does not mandate a period of separation before a divorce can be filed.
How Are Assets Split in a Michigan Divorce?
Michigan follows the principles of equitable distribution when dividing property between divorcing couples. This means that assets and liability acquired by the couple after their marriage (marital property) is divided in a manner deemed fair by the court, which may not necessarily result in a 50/50 split. Certain factors are typically considered when determining the split, including:
- The duration of the marriage
- The contributions of each spouse to the marital estate
- Each spouse's earning ability
- Each spouse's age, health, and life status
- Each spouse's past relations and conduct
Be aware that separate property (property acquired before the marriage and certain property acquired during the marriage, such as gifts and inheritances) are not subject to division during divorces.
Who Gets Custody of a Child in Divorce in Michigan?
Michigan's approach to child custody is designed to prioritize the best interest of the child while striving for fairness in parental rights. Under state law, each parent is entitled to parenting time with their child unless there is "clear and convincing evidence" that this would endanger the child (whether physically, emotionally, or health-wise).
Michigan recognizes two main types of custody: legal custody, which pertains to decision-making authority regarding the child's welfare, and physical custody, which pertains to where the child primarily lives. Custody arrangements may either be sole, where one parent has exclusive legal and/or physical custody, or joint, where both parents share legal and/or physical responsibilities. Courts typically assess a variety of factors when determining child custody/parenting time. These include:
- The child's age and special needs, if any
- The chances of the child being abused or neglected during parenting time
- The risk of abuse to a parent because of parenting time
- If either parent has been convicted of criminal sexual conduct
- Whether one parent has tried to wrongfully keep or hide the child from the other parent
While Michigan courts have not demonstrated a pronounced bias toward awarding custody solely to mothers or fathers, statistics show that the average parenting time awarded to fathers in the state is lower than the national average - 27.1% compared to 35%.