A Friend of the Court motion does not automatically reinstate your license — you still have to request reinstatement separately from the Secretary of State
A Friend of the Court motion in Michigan is a request to the court to modify or remove a condition that was placed on your driver's license as part of a family law case — usually child support or spousal support. When the Friend of the Court office files this motion on your behalf, it tells the judge that you have met the requirement (typically that you are current on support payments). The judge may then remove the license suspension condition from your case.
But removing the condition from your case file is not the same as getting your license back. After the judge grants the motion, you must take a separate step: you have to request that the Michigan Secretary of State reinstate your license. The court does not do this automatically, and neither does the Friend of the Court office. You are responsible for contacting the Secretary of State to complete the reinstatement.
Key Takeaways
- A Friend of the Court motion removes the suspension condition from your family law case, but the court does not automatically tell the Secretary of State to restore your license.
- After the judge grants the motion, you must contact the Michigan Secretary of State yourself to request reinstatement of your driving privileges.
- You will need a certified copy of the court order that granted the motion to show the Secretary of State as proof that the condition has been lifted.
- The Secretary of State may charge a reinstatement fee, which varies depending on how long your license has been suspended.
- If you do not request reinstatement, your license will remain suspended even though the court condition no longer applies.
How the Friend of the Court motion process works
The Friend of the Court office monitors child support and spousal support cases. If your license was suspended because you fell behind on payments, the Friend of the Court can file a motion asking the court to lift that suspension once you catch up. You do not have to file this motion yourself — the office does it for you, usually without charge.
When the judge signs the order granting the motion, the condition is removed from your case. The court sends a copy of the order to the Friend of the Court office and to you. At this point, the legal reason for the suspension no longer exists in the eyes of the court. However, the Secretary of State's database still shows your license as suspended because no one has told them to change it yet.
Why you must contact the Secretary of State separately
Michigan's court system and the Secretary of State's office do not automatically share information about license suspension removals. The court handles family law cases; the Secretary of State handles driver's licenses. Even though the court has removed the condition, the Secretary of State will not know about it unless you tell them.
This is a common point of confusion. Many people assume that once the court grants the motion, they can drive legally again. In reality, if you drive before the Secretary of State has reinstated your license, you are still driving with a suspended license, and you can be pulled over and cited.
Steps to request reinstatement from the Secretary of State
After the judge grants the Friend of the Court motion, follow these steps:
- Get a certified copy of the court order from the district court that handled your case. You can request this from the court clerk's office in person, by mail, or sometimes online through the court's website. There is usually a small fee (typically $1 to $5 per page).
- Contact the Michigan Secretary of State's office. You can reach them by phone at 1-888-SOS-MICH (1-888-767-6424), visit a branch office in person, or use their website at michigan.gov/sos.
- Provide the certified copy of the order and your driver's license number. The Secretary of State will verify that the suspension condition has been removed.
- Pay any reinstatement fee required. The fee depends on how long your license has been suspended and may range from $20 to $100 or more.
- Once processed, your license will be reinstated and you will receive confirmation. You can then drive legally again.
The entire process usually takes a few business days if you explore by mail or online, or the same day if you visit a Secretary of State office in person. Keep copies of all documents you submit, and save the confirmation of reinstatement for your records.
What happens if you do not request reinstatement
If you do not contact the Secretary of State after the court grants the motion, your license will remain suspended in their system indefinitely. You will not be able to renew your license, and driving will be illegal. If you are stopped by police, they will see a suspended license in their database, and you can be cited even though the court condition no longer applies.
The burden is on you to complete this step. The court and the Friend of the Court office cannot do it for you, and they will not follow up if you do not act. It is important to request reinstatement as soon as you receive the court order. Do not assume that time will resolve the issue or that the agencies will communicate on their own.
Reinstatement fees and timelines
The Secretary of State charges a reinstatement fee when you request restoration of your license. The amount varies based on the type and length of suspension. You may be able to pay this fee online, by mail, or in person at a Secretary of State office. Call ahead to confirm the exact amount owed and the payment methods accepted.
Processing time is usually quick — often the same day if you explore in person, or within a few business days if you explore by mail or online. Once your reinstatement is processed, you should receive written confirmation. Some people receive a new physical license in the mail; others may be told they can drive when ready while their new license is being printed.
What to do if the Secretary of State says your license is still suspended
Sometimes there is a delay between when the court grants the motion and when the information reaches the Secretary of State's database. If you contact the Secretary of State and they say your license is still suspended, ask them to check for recent court orders. Provide them with the case number and the date the order was signed.
If there is still a problem, contact the Friend of the Court office that handled your case. They can verify that the motion was granted and sometimes can contact the Secretary of State directly to resolve the issue. Keep a copy of the certified court order with you in case you are stopped by police while the reinstatement is being processed.
Frequently Asked Questions
Can I drive while I am waiting for the Secretary of State to process my reinstatement request?
No. Your license remains suspended until the Secretary of State officially reinstates it. Even if you have submitted the request and the certified court order, you should not drive until you receive confirmation that your license has been reinstated. Driving during this period is still illegal.
Do I need the original court order or is a copy okay?
You need a certified copy of the court order, not just a photocopy. A certified copy has the court clerk's seal and signature and is the official version. The Secretary of State will not accept an uncertified copy. You can get a certified copy from the district court clerk's office.
What if I cannot afford the reinstatement fee?
The Secretary of State does charge a fee, and there is no waiver program for reinstatement fees. However, the fee is usually modest (typically $20 to $100). If cost is a barrier, contact the Secretary of State's office to ask about payment plans or to confirm the exact amount you owe before you explore.
How long does it take for the Secretary of State to reinstate my license?
If you explore in person at a Secretary of State office, reinstatement is often processed the same day. If you explore by mail or online, it usually takes three to five business days. You will receive written confirmation once your license is reinstated.
What if the Friend of the Court never filed a motion on my behalf?
If you are current on your support payments but the Friend of the Court has not filed a motion, you can request that they do so. Contact your local Friend of the Court office and explain your situation. If they decline or do not respond, you may be able to file a motion yourself through the district court, though you may want to speak with a lawyer about this option.