FAQ: What is the Waiting Period for Divorce in Michigan?

There is a minimum statutory waiting period of 60 days in all cases before a divorce can be finalized (MCL 552.9f).  In cases with minor children, there is a statutory waiting period of 6 months before a divorce can be finalized. The waiting period starts from the date the divorce action is filed. There are no exceptions to the 60-day waiting period for either type of divorce case.  However, the 6-month waiting period for divorce cases involving minor children can be waived.

Michigan law, MCR 3.210 (A)(2) and MCL 552.9f, allows the Court to enter the judgment at any time 60 days after the filing of the divorce action “in cases of unusual hardship or such compelling necessity, and upon motion and proper showing.”

The question is: what is “unusual hardship or compelling necessity?”  Most Courts view this burden quite broadly.  An unusual hardship could have to do with finances and the need to finalize the divorce so one of the parties can refinance the mortgage to buy the other party out of their equity, thus allowing the other party to secure housing that they may lose if they are forced to wait the full 6 month waiting period.  It could involve the transfer of funds from a retirement account to allow access to funds that are needed.  It could also involve the best interests of the children being served by allowing the family some finality, which in turn reduces the stress and tension of a pending divorce case. 

There are many reasons to waive the 6 month waiting period and, once the parties have reached a full settlement and are in agreement to finalize their divorce, in our experience, most Judges will not require the parties to continue to wait to finalize their divorce after the initial 60-day waiting period has passed. Interestingly, there is a relatively new “Mutual Petition” process for divorce cases in Michigan and it appears that allowing parties with minor children to finalize their divorce after 60 days is gaining greater acceptance as a part of this process.

PLEASE NOTE: This blog is not intended to constitute legal advice.  We do not recommend making important decisions of the type addressed in this article without specific legal advice in advance.