Uncontested vs. Contested Divorce in Michigan: Simplified Procedures and Mandatory Steps
In Michigan an uncontested and a contested divorce share the residence rules and the waiting period: no testimony for 60 days, or six months with minor children. The court can order support while the case is pending.
What is the same in an uncontested and a contested Michigan divorce?
The residence rules and the waiting period (MCL 552.9f). The Michigan divorce timeline calculator gives the same earliest testimony date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | 180 days state, 10 days county | 180 days state, 10 days county |
| Testimony | Not until 60 days after filing, or six months with minor children | Not until 60 days after filing, or six months with minor children |
| Answer | Defendant admits the grounds | Defendant denies the grounds without further explanation |
| Temporary orders | Possible | Possible: alimony, costs and property conservation while the case is pending |
| Judgment | Entered on evidence in open court | Entered on evidence in open court |
What does the defendant say in an answer in Michigan?
The defendant may either admit the grounds alleged or deny them without further explanation. An admission may be considered by the court but is not binding on its determination (552.6(2)), so even an uncontested case needs evidence in open court that the marriage has broken down.
What must the complaint say about the grounds in Michigan?
The plaintiff makes no other explanation of the grounds than by the use of the statutory language (552.6(1)), so a Michigan complaint does not tell a story about why the marriage ended.
Can the court order support while the case is pending in Michigan?
Yes. In every divorce action the court may require either party to pay alimony for the suitable maintenance of the other, to pay sums necessary to conserve property owned by the parties and to pay sums needed to carry on or defend the action during its pendency, and it may award costs (552.13).
Can the waiting period be shortened in Michigan?
Where there are dependent minor children, the court may take testimony at any time after 60 days from filing in cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court, on petition and proper showing; testimony may also be taken conditionally to perpetuate it (552.9f).
Can the other spouse file their own claim in Michigan?
A defendant may also file a counterclaim for divorce when the plaintiff has filed for separate maintenance (552.7(2)); for a divorce complaint the defendant answers by admitting or denying the grounds.
Who pays the costs in Michigan?
The court may award costs against either party in a divorce action and direct them to be paid out of property it controls (552.13(1)).
Can the court require a party to protect property while the case is pending in Michigan?
Yes. The court may require either party to pay sums deemed proper and necessary to conserve real or personal property owned by the parties or either of them during the case (552.13(1)).
What changes in a contested Michigan divorce?
The court decides what the spouses cannot settle: property under 552.23 and 552.401, alimony and custody on the child’s best interests. See the Michigan property division calculator and the Michigan parenting time calculator.
Frequently asked questions
Does an uncontested Michigan divorce skip the waiting period?
No. No testimony is taken until 60 days after filing, or six months with minor children.
Can a Michigan court order support while the divorce is pending?
Yes. It may order alimony, sums to conserve property and money to carry on or defend the action.
Does a Michigan defendant have to explain a denial?
No. The defendant may deny the grounds without further explanation.
Does a Michigan admission end the case?
No. The court may consider it but is not bound by it, and still needs evidence in open court.
Can the Michigan six-month wait be shortened?
Only for unusual hardship or compelling necessity, after 60 days, on petition.
Official sources
- MCL 552.9: residence; judgment of divorce
- MCL 552.9e: cause outside Michigan
- MCL 552.9f: time for proofs
- MCL 552.6: grounds; complaint
- MCL 552.18: pension and retirement rights
- MCL 722.23: best interests of the child
- MCL 552.13: alimony and costs pending the action
- MCL 552.23: alimony and property in the judgment
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Michigan statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Michigan attorney.