How to Enforce a Divorce Decree in Michigan

Your divorce decree is a legally binding court order. When your ex ignores it — refusing to transfer property, failing to refinance the mortgage, not paying support, or blocking your access to assets — you have legal mechanisms to force compliance.

Michigan provides two primary enforcement tools: a Motion to Enforce and a Motion to Show Cause (contempt). The choice depends on whether you need your ex to do something or whether you need the court to punish them for not doing it.

The 21-Day Rule

You cannot file an enforcement motion until 21 days after the Judgment of Divorce is entered. This 21-day window exists for appeals and motions for reconsideration under MCR 7.104(A). Once it expires without an appeal being filed, the judgment is final and enforceable.

Motion to Enforce (Compelling Performance)

A Motion to Enforce asks the court to order your ex to comply with a specific provision of the decree. Common scenarios:

• Ex refuses to sign the quitclaim deed for the marital home
• Ex won't cooperate with the QDRO process for retirement division
• Ex hasn't refinanced the mortgage by the deadline in the decree
• Ex won't provide documents needed for title transfers

Remedies the court can order:

• Direct compliance (sign the deed, provide the documents)
• Appointing a receiver to sell property that one party refuses to list
• Awarding attorney fees to the enforcing party
• Imposing specific deadlines with sanctions for further non-compliance

Motion to Show Cause (Contempt)

A Motion to Show Cause is more aggressive. It asks the court to find your ex in contempt — meaning they willfully violated a clear court order. This carries real consequences:

• Civil contempt: Jail time until compliance (the "keys to the jail" are in the contemnor's pocket — they get out by doing what the court ordered)
• Criminal contempt: Punitive jail time for the violation itself
• Fines and sanctions
• Attorney fees awarded to the enforcing party

Contempt requires proving that the violator knew about the order, had the ability to comply, and willfully refused. "I couldn't afford to refinance" may be a defense; "I just didn't feel like signing the deed" is not.

The Friend of the Court Role

For support-related enforcement (child support, spousal support), the Friend of the Court (FOC) has its own enforcement mechanisms:

• Income withholding orders served directly on the employer
• License suspension (driver's, professional, hunting/fishing)
• Tax refund interception
• Credit bureau reporting
• Bench warrants for chronic non-payment

FOC enforcement is automatic for support orders — you typically don't need to file a separate motion. Contact your county's FOC office to report non-payment.

What You Need to File

For either a Motion to Enforce or Motion to Show Cause, prepare:

1. The motion itself — stating which specific provision was violated, how, and what relief you're requesting
2. A proposed order — the specific language you want the judge to sign
3. Supporting evidence — screenshots of refused communications, letters from mortgage companies showing no refinance application, title records showing no deed was recorded, payment histories showing missed support
4. Filing fee — varies by county (typically $20-$80 for a post-judgment motion)

Timeline for Resolution

After filing, the court clerk sets a hearing date. The motion and hearing notice must be served on your ex-spouse with adequate notice (typically 7-9 days before the hearing under Michigan Court Rules).

At the hearing, both parties present their positions. The judge can rule immediately or take the matter under advisement. From filing to resolution, expect 30-60 days for straightforward enforcement matters.

Self-Representation vs. Attorney

Simple enforcement motions (sign this deed, make this payment) can sometimes be filed pro se using Michigan Legal Help resources. But contempt proceedings — especially those seeking jail time — are complex enough that an attorney is strongly recommended. The procedural requirements are strict, and errors can result in your motion being dismissed.

Prevention Is Cheaper Than Enforcement

Include specific deadlines, automatic consequences, and self-executing provisions in your decree whenever possible. "Husband shall refinance within 120 days or the property shall be listed for sale at fair market value" is cheaper to enforce than "Husband shall refinance within a reasonable time."

The Michigan After-Divorce Checklist includes an enforcement tracking worksheet that helps you document non-compliance with specific provisions, building the evidence file you'd need if enforcement becomes necessary.

See more Michigan guides →