Michigan divorce guide
How to Answer a Divorce Complaint in Michigan
If you were served with divorce papers in Michigan, you must file a written answer with the circuit court and serve a copy on your spouse's side within 21 days, or within 28 days if you were served by mail or outside Michigan. Miss the deadline and your spouse can ask for a default, which lets the case move ahead without you. This guide shows where the deadline is printed, how to count it, and what the answer has to say.
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Step 1
How long do I have to answer? Estimate your deadline
Enter the date you were served. The tracker counts the days, skips the day of service, and moves a deadline that lands on a weekend or court holiday to the next day the court is open. The form opens with an example date so you can see how a holiday changes the count.
This is an estimate. Do not rely on it. The summons and the court's own notices control. Counties can change their holiday calendar by local order, courts sometimes close for other reasons, and the true service date is the one on the proof of service, which may differ from the day you remember. If the count is close, treat the earlier date as your deadline.
The dates you enter stay in your browser. Nothing you type here is sent to or stored by Haque Legal, and using this tool does not make us your lawyer.
Deadline coming up?
Talk with a Michigan family law attorney before you file. Consultations are free and run 15 minutes.
400+ Google reviews · Super Lawyers recognition, 2022 to 2026 · Litigating since 2014Step 2
Where is the deadline on a Michigan divorce summons?
The top sheet of your packet is the Summons, court form MC 01. It is the same form in every Michigan county. Select a numbered marker to see what that box means for you.
___________ COUNTY
Plaintiff's attorney, bar no., address, and telephone no.
1. You are being sued.
2. YOU HAVE 21 DAYS after receiving this summons and a copy of the complaint to file a written answer with the court and serve a copy on the other party or take other lawful action with the court (28 days if you were served by mail or you were served outside of Michigan).
3. If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint.
4. Accommodations and interpreter notice.
Certificate of service. Name of person served, date and time, place of service. Personal service, or registered or certified mail with return receipt.
Simplified illustration of SCAO form MC 01 (rev. 3/23). It is a teaching diagram, not the official form. View the official MC 01 on courts.michigan.gov.
Step 3
What does an answer to a divorce complaint say?
Michigan has no standard court form for an answer to a divorce complaint, so each answer is drafted for the case. The structure is always the same. The complaint has numbered paragraphs. Your answer responds to each number in order with one of three positions. Try it on these sample paragraphs.
What your answer would say
Practice example only. Your complaint will have different paragraphs. Anything you do not deny is treated as admitted, and a denial has to state the facts you rely on (MCR 2.111). Getting custody, support, or property paragraphs wrong is hard to undo. Use "lack knowledge" only when you truly do not know. Michigan courts have treated evasive non-answers and bare denials as admissions. This tool does not prepare a document for filing.
Avoid these
Five mistakes people make when answering a divorce complaint
- Counting from the wrong date. The clock runs from the day you were served. The issue date and expiration date on the summons are not your deadline.
- Telling your spouse instead of the court. A text, a call, or a conversation is not an answer. Only a written answer filed with the clerk stops a default.
- Filing but not serving. The rule requires both. File with the court, serve the other side, and file a proof of service.
- Dodging the hard paragraphs. Anything you do not deny is treated as admitted, and a denial with no explanation can be treated the same way. Say why the allegation is untrue.
- Answering without a counterclaim. An answer only responds. If you want custody, parenting time, support, or property decided your way, you have to ask for it.
Step 4
How to file and serve your answer
- Copy the caption. Use the same court, case number, judge, and party names printed on the summons.
- Sign and date the answer. Add your address, phone number, and email.
- File with the circuit court clerk in the county on the summons. Ask the clerk which methods the court accepts (e-filing, mail, in person). Michigan courts do not charge a fee to file an answer. Confirm with the clerk.
- Serve a copy on your spouse's attorney, or on your spouse directly if there is no attorney.
- File a proof of service showing when and how you sent it.
- Calendar the next deadline. Your sworn financial form (CC 320) is due to the other side within 28 days after you serve your answer.
Decision point
Answer only, or answer with a counterclaim?
An answer responds to what your spouse asked for. A counterclaim for divorce asks the court for what you want: your own proposal on custody, parenting time, support, and property.
A counterclaim also protects you if your spouse changes course. Once you have filed one, the court will not dismiss the case over your objection unless your counterclaim can stay pending on its own. If you want a say in how the case ends, file the counterclaim with your answer. (MCR 2.504(A)(2))
What happens if you miss the deadline
Your spouse can ask the clerk to enter a default. Once a default is entered you generally cannot take part in the case until a judge sets it aside, which takes a sworn motion showing good cause. After a default judgment is entered the window to ask is 21 days. Act before then if you can. (MCR 3.210(B))
Two paths
Divorce with minor children vs. without: what changes
Your deadline to answer is the same either way. Almost everything after it is different. Check the last two letters of your case number to see which path you are on.
| With minor children | Without minor children | |
|---|---|---|
| Case number ends in | DM | DO |
| Deadline to answer | 21 or 28 days | 21 or 28 days |
| Waiting period before judgment | 6 months from filing | 60 days from filing |
| Friend of the Court | Involved from the start | Usually not involved unless spousal support is requested |
| Papers served with the complaint | Verified Statement and a child custody jurisdiction affidavit | Usually the summons and complaint only |
| What your answer must address | Custody, parenting time, and child support, plus property and spousal support | Property, debts, and spousal support |
| Parent education class | Expected in most counties | None |
Related: Michigan divorce without children and the family law overview.
After you answer
What the court does next
First local step by county, for cases with minor children
| County | What the court does first |
|---|---|
| Oakland | Early Intervention Conference with your Friend of the Court referee, then the SMILE parent education class (one virtual session of about 1.5 hours). |
| Macomb | SMILE program, held monthly at Macomb Community College, or two online videos with an emailed certificate of participation. |
| Wayne | Parent Education Program run with the Wayne County Dispute Resolution Center, covering the Friend of the Court and mediation. |
| Washtenaw | SMILE or an alternative parent education program approved by the Friend of the Court. |
| Livingston | Friend of the Court steps scheduled by court notice. |
| Genesee | Friend of the Court steps scheduled by court notice. |
| Ingham | Conciliation conference with the Friend of the Court. |
| Calhoun | Court-ordered SMILE program. The court sends an Order to Attend. |
| Saginaw | Facilitative and information-gathering (FIG) conference with a Friend of the Court referee, plus SMILE before the divorce is final. |
Answering a Michigan divorce complaint: common questions
How long do I have to answer a divorce complaint in Michigan?
You have 21 days if the summons and complaint were handed to you in Michigan. You have 28 days if you were served by mail or outside Michigan. If service was by posting or publication, the court order sets the deadline, which cannot be shorter than 28 days. (MCR 2.108)
What happens if I do not answer divorce papers in Michigan?
Your spouse can ask the clerk to enter a default. After a default you generally cannot take part in the case until a judge sets it aside, and the court can enter a judgment on the terms your spouse requested. (MCR 3.210(B))
Is there a court form to answer a divorce complaint in Michigan?
No. Michigan has a standard summons form, MC 01, but no standard form for the answer to a divorce complaint. The answer is drafted for each case and responds to every numbered paragraph of the complaint.
Do I need a lawyer to answer a divorce complaint?
No. You may represent yourself. A lawyer matters most when the complaint asks for custody, child support, spousal support, or property you do not agree to give up, because what you admit in the answer is hard to take back.
Does the 21 days include weekends?
Yes. Every calendar day counts except the day you were served. Only the last day matters for weekends and holidays. If it lands on a Saturday, Sunday, legal holiday, or a day the court is closed by order, the deadline moves to the next open day. (MCR 1.108)
I agree with the divorce. Do I still have to answer?
If you do nothing, the court can enter a judgment on your spouse's terms. If you agree on everything, the two of you can sign a consent judgment instead of litigating. Do not let the deadline pass on a verbal understanding.
Can I get more time?
Your spouse's attorney can agree in writing to extend the deadline, and a judge can extend it on a motion. Get any extension in writing and filed before the original deadline passes.
How long until the divorce is final?
The court cannot take proofs or enter a judgment until at least 60 days after the complaint was filed. With minor children the waiting period is six months. A judge can shorten the six months for unusual hardship or compelling necessity, but never below 60 days. (MCL 552.9f)
What does the case number tell me?
A number ending in DM is a divorce with minor children. DO is a divorce without minor children.
Have the papers in front of you?
Bring the summons and complaint to a free 15-minute consultation. We will confirm your deadline and tell you what an answer and counterclaim should cover in your case.
400+ Google reviews · Super Lawyers recognition, 2022 to 2026 · Litigating since 2014- SCAO form MC 01, Summons (rev. 3/23)
- Michigan Judicial Institute, responsive pleadings table (MCR 2.108)
- Michigan Court Rules 1.108, 2.108, 2.111, 2.504(A), 3.206(C), 3.210(B), 8.110(D)(2); MCL 552.9f
- SCAO case type codes (DM and DO), MCR 8.117
- Oakland County Friend of the Court, Early Intervention Conference and SMILE program
- Macomb County Friend of the Court, SMILE program
- Third Circuit Court (Wayne County), Family Domestic and Friend of the Court
- Calhoun County Friend of the Court, SMILE
- Saginaw County, Friend of the Court ADR order (FIG conference) and SMILE program
Important. This guide is general information about Michigan court procedure as of November 10, 2026. It is not legal advice for your situation. Reading it, using the tools on it, or contacting us does not create an attorney-client relationship. That begins only when you and the firm sign a written fee agreement. Court rules, forms, holiday calendars, and county practices change, and the county steps listed here are summaries of what each court has published. Confirm every date against your own summons and court notices.
This page applies to Michigan divorce cases only. Haque Legal, PLC, 838 W. Long Lake Road, Ste. 110, Bloomfield Hills, MI 48302, is responsible for its content. Author: Fahd S. Haque, Esq. (Michigan P78252).