Are Divorce Records Public in Michigan?
Yes. In Michigan, divorce cases filed before 1897 are considered public information. Records that have been created after 1897 years can be accessed through the state vital records office in person or by mail. Michigan does not possess a central server to search for or access vital records such as divorce and marriage records online. So, the only option is for the requesting party to visit or contact the Michigan Department of Health & Human Services (MDHHS) or the court that approved the divorce.
Michigan Divorce Records
Michigan divorce records or dissolution of marriage records hold all the information available about the divorce. Such records typically contain information from other divorce documents (such as the decree and certificate) as well as every file and document from the entire divorce process. Because of this, a divorce record can serve as a case file. Maintenance of this file by all parties involved in the divorce is recommended, as they can be required to make changes after the finalization of the case. Divorce records are accessible to the public in Michigan. Applicants may obtain copies by submitting a completed and signed request form alongside payment of the specified fee.
How to Find a Divorce Record in Michigan
A divorce, commonly known as dissolution of marriage, happens when two married people end their union through the court system. Every divorce case heard by a Michigan divorce court starts when a spouse files a divorce petition in court. Subsequently, copies of the original divorce papers are served on the other spouse (who becomes the respondent) to inform them about the divorce process.
In divorce proceedings, spouses can opt for an uncontested divorce and sign a divorce agreement without going to trial, or they can go to trial if one or more matters are contested. Either way, before a marriage dissolution case can be concluded in Michigan, a judge must issue and sign a divorce decree.
Divorce or dissolution of marriage records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
There are two primary options for ordering divorce records in Michigan:
- By making in-person or mail queries to the state vital records office
- Requesting them from the vital records division of the county health department
How to Search for Michigan Divorce Records In-Person
Individuals can search for and request divorce records in Michigan in person at the state vital records office. However, all visitors must schedule an appointment. Below is the vital records office.
State of Michigan Vital Records Office
333 S Grand Avenue, 1st Floor
Lansing MI 48933
How to Search for Michigan Divorce Records by Mail
In order to access divorce records by mail, individuals can send a completed request form to the address above. Normal turnaround time for mail-in orders is 4 to 5 weeks, but it is possible that processing could take 2 to 3 weeks if put on rush. If the requesting party has any questions, it is possible to contact the Eligibility Unit at (517) 335-8666. To request an application be sent by mail, please call and leave a message at (517) 335-8656.
Members of the public are able to send emails and expect a 2-day response time. Accessing certified divorce records requires valid photo identification, which can include a driver's license and any state-issued photo identification card or passport. If the requesting party does not possess a photo ID, there is a list of acceptable documents that may be used instead of valid photo identification on the MDHHS website. Divorce verifications do not require photo identification
Note that certified copies of divorce decrees can only be obtained in the county where the divorce was finalized.
Ordering Michigan Divorce Records Through the Local County Clerk's Office
Citizens of Michigan can visit the records division of some county clerk's offices to order copies of divorce records. For instance, anyone who wishes to request copies of divorce records in person from Wayne County can visit the address below.
Coleman A. Young Municipal Center
Room LL-61
2 Woodward Avenue
Detroit, MI 48226
How to Find Public Divorce Records Online
Within the State of Michigan, there is no central online portal to access vital records such as divorce records. Although a statewide database does not exist, it is still possible to search divorce records online in Michigan. Requesting parties can perform an internet search for divorce records through certain counties’ online portals. There are a few Michigan state counties that do not have an online portal. For instance, the Oakland County, Michigan website has an option under the section Elected Officials called Clerk/Register of Needs. On the next page, select the drop-down titled “Court Records” and find a link to Court Explorer. Ordering records through Court Explorer will cost a requesting party $1 per page. A certified copy may be acquired for $10.00 per case and an additional $1 per page. The Michigan government website provides a list of counties with websites linked.
Furthermore, public divorce records can be accessed using search tools provided by third-party agencies. Individuals can log into these third-party sites to obtain the dissolution of marriage records for a fee.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records in particular, may simply not be available through either source.
Divorce Decree vs. Divorce Certificate
The divorce decree is one of the three main documents created from a divorce case. Others include a divorce case record and divorce certificate. Knowing the differences between these types of divorce records and the purposes they serve can save requesting parties time and money when requesting such records from their official custodians.
Understanding Michigan Divorce Certificates
A divorce certificate is a document that confirms a marriage dissolution occurred. The document contains the names of the people involved, the place where the marriage dissolution took place, and the date the divorce was finalized. Compared to a divorce agreement or decree, the divorce certificate contains the least information. A divorce certificate can usually only be obtained by the two people who were divorced and their lawyers. However, some states (like Michigan) allow others to obtain this record.
Understanding Michigan Divorce Decrees
A divorce decree shows the final disposition of the court in the divorce case. It is issued by the court and signed by a judge after divorce proceedings are completed. A divorce decree carries the court case number and contains all terms of the divorce, which can include custody information, property issuance, and spousal payment amounts (e.g., child support and alimony). Any divorcee interested in making changes to their divorce terms must request this document from a custodian's office.
How to Find Out if Someone is Married
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a reliable jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, provided it is not a juvenile.
Does Michigan Recognize Common-Law Marriages?
Michigan recognizes common-law marriages created before January 1, 1957. Michigan also recognizes common-law marriages entered in another state as legal partnerships under the US Constitution's "full faith and credit" provision. Couples in the state who wish to marry and have their union recognized by Michigan law must apply for and receive a marriage certificate. After issuing the marriage license, a court, a mayor, a clerk, or a minister would next authorize the marriage. While the State recognizes marriages formed in other states, they must meet specific criteria, including the following: (1) the state from which the spouses moved must Recognize Common-Law Marriage; (2) the couple must meet the legal requirements for common law marriages in their home state; and (3) the couple must have cohabited in their home state.
How to Get a Divorce in Michigan
To get a divorce in Michigan, either spouse in a marriage must be resident in Michigan for at least six months before filing for divorce. Also, one of the spouses must have lived in a particular county for ten days before the divorce papers can be filed there.
Individuals can file for divorce in Michigan by submitting original divorce papers at the Family Division of a Circuit Court. If spouses agree to the divorce, the parties can enter a divorce agreement outside the court (uncontested divorce), and all the court will have to do is certify the facts of the divorce. This is faster and costs less compared to a contested divorce. However, when spouses disagree on some divorce terms, it becomes a contested divorce, which requires a court to rule on specific aspects of the divorce. After the divorce process is concluded, the court gives the final judgment, and the judge signs the divorce decree, which outlines the divorce details.
Note that Michigan is a "no-fault" divorce state. Therefore, spouses do not need to prove any wrongdoing to get a divorce. Spousal consent is also not required to get a divorce in Michigan. However, a petitioning spouse needs to state in the divorce petition that "there has been a breakdown of the marriage relationship to the extent that objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved" (Mich.Comp. Laws 552.6(1)).
