Michigan Divorce Records

Michigan divorce records serve multiple purposes. They provide legal proof that a marriage has been dissolved, they are necessary for personal matters as well, like name changes and remarriage. Additionally, they contribute to demographic studies by providing data on marriage and divorce trends.

Michigan divorce records are created when a spouse files a divorce petition in court. Under Michigan's Freedom of Information Act (FOIA), divorce records are generally public. However, parts of these records may be sealed to protect privacy, such as cases involving children, victims of domestic violence, or sensitive financial information.

To obtain these records, individuals can request them through the Michigan Department of Health and Human Services (MDHHS) or the county Clerk's Office. They can also access them online via the approved vendor, VitalChek, or through court websites.

Divorce rates in Michigan have been declining since 2010, with 20,491 divorces recorded in 2023. The highest rates were among individuals aged 25-44. Since 2006, Michigan’s divorce rate has remained below the national average.

What are Divorce Records?

Michigan divorce records are official documents created during the legal process of terminating a marriage in the state. These records include various documents, such as divorce decrees, divorce certificates, and case files. Divorce decrees are the final judgment issued in court by the judge outlining the divorcing parties’ legal obligations upon the marriage's termination. Divorce certificates contain non-confidential information, such as the name of the divorcing parties, the county where the marriage was finalized, and the dates of marriage and divorce. Divorce case files refer to the court documents generated and information on actions filed during the divorce proceedings.

Michigan divorce records serve several purposes, such as providing legal proof that a marriage has been dissolved and contributing to demographic studies by providing data on marriage and divorce trends. Individuals may need them for personal reasons, such as changing their name, remarrying, or handling financial and legal matters post-divorce.

Michigan divorce records are created when one spouse files a petition for divorce in a Michigan court. Copies of divorce records in the Michigan divorce records are maintained in the county where the divorce was filed and granted.

Are Divorce Records Public in Michigan?

Michigan divorce records qualify as public records under the Freedom of Information Act (FOIA). This state law allows members of the public to inspect and access divorce records from approved custodians of the records. However, the state balances its transparency goals with the privacy rights of individuals by allowing some records of portions of divorce records to be sealed from public access in specific circumstances.

Common reasons why a judge may approve a request by a divorcing party to seal divorce records include the aim to protect the identities of children and domestic violence victims and to keep information about a mental illness or an addiction private. A Michigan court may also approve sealing a divorce record to protect intellectual property or maintain the confidentiality of bank account information and other financial details.

Divorce Stats and Rates in Michigan

Divorce rates in Michigan have seen a steady decline since 2010. In 2010, the state recorded 7.1 divorces per 1,000 residents. By 2023, divorce rates dropped to 4.1 per 1,000 residents. The counties with the highest divorce rates in 2023 were St. Joseph, Montmorency, Dickinson, Emmet, Lenawee, Osceola, Branch, and Missaukee. In all, about 20,491 divorces were recorded in 2023.

According to divorce rate statistics released by the Michigan government, the highest divorce rates in 2023 occurred in the 35-44 and 25-34 age brackets. The state also put the general divorce rate, the number of divorces per 1,000 population aged 15 and older, at 2.5 in 2023.

Michigan's divorce rate last went higher than the national average in 2006, when the state recorded 6.9 divorces per 1,000 population, compared to the national average of 6.8. Since then, Michigan's divorce rate has declined and remained below the national average. Compared to Michigan's 4.1 divorces per 1,000 population in 2022, the national average reached 7.1 in the same year.

Grounds for Divorce in Michigan

Michigan accepts no-fault divorces, meaning that a divorce may be granted in the state without establishing the fault of either divorcing party for causing it. Hence, traditional at-fault premises are not supported in Michigan; instead, the state offers blanket divorce grounds without requiring either spouse to be proven to be at fault for a divorce.

Per M.C.L Section 552.6, a complaint for divorce may be filed in a Circuit Court in the state based on an irretrievable breakdown of the marriage, such that the objects of the matrimony have been destroyed, and there is no reasonable chance the union can be preserved. In other words, the court will need to find that there is no chance of reconciliation between the divorcing parties.

How to File for Divorce in Michigan

You can file for a divorce in Michigan by following these steps:

Determine if you meet Michigan's eligibility requirement: Before you may file for divorce in Michigan, you must have lived in the state for at least 180 days and in the county where you intend to file the case for at least 10 days.
File a complaint: Divorce complaints are filed in the Family Division of the Circuit Court in which either divorcing party resides. While you may confirm with the Clerk of the court what the recommended forms are, typically, you will need to file a:
- Consent Judgment
- Domestic Violence Screening form
- Confidential Case Inventory (applicable if you have a pending Family Division case)
- Proposed Consent Judgement or Order

If children are involved in your divorce case, you may need to file additional paperwork. The court charges a $150 filing fee, exclusive of a $25 electronic filing system fee.

Serve the Other Spouse: After filing divorce papers in the Circuit Court, you must formally serve your spouse with copies of the papers. This service may be done via a process server or a sheriff's deputy. Alternatively, the paperwork may be sent by certified mail. After the complaint and summons are filed and served, your spouse has 21 days to answer or 28 days if served by mail or out of state. If your spouse answers, the matter becomes a contested divorce. If your spouse does not file an answer, the court may enter an order of default, turning the case into an uncontested one. However, your spouse may decide to retain a lawyer and ask the court to set aside the default before the case is concluded. Regardless of the nature of a divorce, a final judgment will not be issued without a final court hearing to consider the matters in the case.
Temporary Order: If minor children are involved in a case, there will be a temporary order determining the arrangement with the children and financial support while the case is pending.
Discovery: Once court proceedings ensue, attorneys for both parties will evaluate the issues to be contested and obtain relevant facts via investigation and discovery. If necessary, the attorneys may consult and retain experts, such as accountants and psychological professionals.
Negotiations: Once the discovery phase is complete, the attorneys begin negotiating a settlement on behalf of both parties. This involves exchanging proposals in writing and potentially holding face-to-face meetings with you and your spouse. If an agreement is reached, the contract is formalized in a written settlement document.
Mediation: If you and your spouse cannot agree on a mediator, the court will appoint one. Mediation is non-binding and aims to resolve disputes without court intervention.
Appearance in Court: At this stage, attorneys represent both parties in divorce-related hearings, including motion hearings and settlement conferences.
Settlement Conference: Here, attorneys meet with the judge privately to discuss the case and seek guidance. If a settlement is reached, it is formally recorded in court. However, the divorce is not final until a written judgment is signed. If no settlement is achieved, the divorce case proceeds to trial.
Final Judgment: The final legal document ending a marriage is the Judgment of Divorce. It outlines custody, child support, property division, and spousal support arrangements. Both parties review and sign the judgment before it is filed in court.

Michigan Divorce Decree

A Michigan divorce decree is a legal document issued by a Michigan court containing details of the final judgment dissolving a marriage. This decree is a thorough documentation of the rights and responsibilities of both parties following the divorce. The instructions in a divorce decree are legally binding, meaning that both parties must adhere to its terms. If either party fails to comply, they may be subject to legal penalties, including contempt of court.

The contents of a Michigan divorce decree typically include:

Basic Information: Names of the parties, date of marriage, and date of divorce.
Custody and Parenting Time: Decisions regarding legal and physical custody of any minor children, including visitation schedules.
Child Support: Orders for the payment of child support, including the amount, frequency, and duration.
Alimony: Any spousal support arrangements, including amount, duration, and conditions for termination.
Division of Property: Distribution of marital assets and debts, specifying who gets what property and how debts are handled.
Other Agreements: Any other agreements or orders the court deems necessary for the fair resolution of the divorce.

How to Find and Access Michigan Divorce Records

The Michigan Vital Records Office maintains divorce records for divorces that occurred and were filed with the state since 1897. Anyone can request that a search be conducted by making an appropriate request to the Vital Records Office in the Michigan Department of Health and Human Services (MDHHS). However, if you need the actual judgment in a divorce matter, you must contact the Clerk of the Court in the county where the divorce was granted.

You can obtain a Michigan divorce record in the following ways:

Offline Access

You can apply for a certified copy of a divorce record from the MDHHS by submitting a completed Application for a Certified Copy of a Michigan Divorce Record via regular mail to:

Vital Records Requests

P.O. Box 30721

Lansing MI 48909

Or by RUSH mail to:

Vital Records RUSH

P.O. Box 30721

Lansing MI 48909

Note that the base fee for a one-year search is $34, while additional years of search cost $12 per year. Also, additional certified copies cost $16, and expedited RUSH processing costs $12. Payments may be made via check or money order made out to the "State of Michigan."

A regular search takes up to 6 weeks for in-office processing time. An expedited "RUSH" search takes up to 3 weeks.

If you want an apostilled or authenticated copy, submit a completed Application for an Apostilled/Authenticated Copy of a Michigan Divorce Record and a check or money order for the applicable fee (indicated on the form) to the Vital Records Office website.

Michigan also allows the public to request a verification of a divorce record provided the information to be verified can be provided by the requester. Note that only the name on the record, date, location, and filing date may be verified.

To request a Michigan divorce record verification, submit a Request for Verification of a Michigan Divorce Record and a $18 check or money order made payable to the "State of Michigan" to the Vital Records address above. If you intend to use the "RUSH" service, you must include an additional $12 expedited in-office processing fee in your total payment. A regular search returns a result in three weeks, while expedited requests may be processed in one to two hours.

You can order divorce records in person by visiting the MDHHS. However, you must schedule an appointment with the office before proceeding with a visit. Another option is to make an order using the Drop Box option available at the MDHHS location. To use this option, drop off the completed application and the appropriate fee in a sealed envelope in the Drop Box located in the primary lobby of 333 S. Grand Avenue, Lansing, MI 48933.

Online Access

You can order a divorce record online via VitalChek, the state's only approved third-party vendor. There is a $34 search fee, a $14 VitalChek processing fee, an optional $12 rush fee, and another optional $19.75 overnight delivery fee. Exemplified records cost $42 plus a $14 VitalChek processing fee and an optional $25 rush fee.

In addition, you can search case files for Michigan divorce proceedings online via the court's website where the divorce was filed. Before conducting an online search for divorce case information, you may need to check if the court makes such records available online.

References

Counties in Michigan

List of Content

What are Divorce Records?
Are Divorce Records Public in Michigan?
Divorce Stats and Rates in Michigan
Grounds for Divorce in Michigan
How to File for Divorce in Michigan
1. Michigan Divorce Decree
How to Find and Access Michigan Divorce Records
1. Offline Access
2. Online Access