Does Michigan have a residency requirement for divorce? There is a residency requirement in Michigan. You must have lived in the county where you are filing for divorce for at least 10 days before filing, according to state rules. The general requirement is that you must have lived in Michigan for at least six months before filing for divorce.
Click here to watch the video Does Michigan Have a Residency Requirement for Divorce?
If you are filing from another state, there may be extenuating circumstances, such as a risk of domestic violence or abuse, but the Michigan judge is likely to uphold the general rule.
You must be a resident of the state in almost all cases before you can apply for divorce there. While the minimum amount of time necessary varies by state, most states require at least six months. You must provide evidence that you have lived in that state for the required period of time when you submit your divorce papers.
All other lingering matters, such as child custody, child support, and any modifications to these arrangements, are under the authority of whichever court administers the initial divorce settlement.
What Does Residency Mean?
The term “residency requirements” refers to how long you must live in a state before you can petition for divorce there. Having a residency in a state simply implies that you have been present in the state for a predetermined amount of time in the context of divorce.
Your divorce action may be refused or dismissed if you are unable to claim and demonstrate that you (or your spouse) meet the residence requirement.
Before the court will accept your divorce case, some states just need you to meet residency requirements; however, other states also ask you to provide proof of your domicile inside the state. Domicile is a more difficult criterion to achieve since you must persuade the court that you intend to remain after the divorce.
Courts commonly define “domicile” as the place you perceive to be your permanent home and where you intend to return whenever you are away, such as when on vacation or a long business trip.
You may own more than one property or residence, but you may only have one domicile.
Courts frequently take into account things like where the person’s family members reside, where they vote, where they work, where their automobile is registered, and so forth.
The courts may have the power to grant the divorce but not to rule on remaining matters like property distribution and child custody if one spouse files for divorce in the state in which they reside but the other spouse has no presence there.
Why Are Courts Requiring Residency in Divorce Cases?
These residency requirements were put in place to stop “forum shopping,” which is when spouses file for divorce in another state to take advantage of more favorable divorce rules. The purpose of requiring a longer residency is to deter people who are just searching for a better divorce outcome.
Frustrated spouses in the past believed that relocating to a different state with more favorable divorce laws would provide them a competitive advantage in their divorce proceedings. Some parties looked for states where the courts were more likely to give custody to the father or places where the filing spouse would be forced to receive a more advantageous property settlement.
Family courts no longer permit “forum shopping” of this nature. Nearly all states’ divorce laws today provide that before the court will hear a divorce case, the parties must adhere to strict residency and domicile requirements.
In order to handle any issue, a court must have jurisdiction—or legal authority—over it, according to the law. Because of this, litigating parties must adhere to residency requirements before a court can render any important, case-related decisions.
If a court accepts a case without possessing the necessary jurisdiction, the judge will not be able to hear the case or render a divorce ruling. Even after the divorce has been granted finality by the court, the opposing party may ask for the case to be dismissed or appeal the judgment.
What Are the Divorce Residency Requirements in the State of Michigan?
In terms of who is qualified to apply for divorce, Michigan has its own laws. Every state defends its territory and ensures that the proper laws are enforced in appropriate cases. Make sure you satisfy the residence criteria for Michigan in order to avoid having your divorce case rejected. Believing they must file for divorce in the state where they were married is the most common error people make. Clearly, this is untrue. In the United States, the filing spouse’s county of residence is where the majority of divorce cases are filed.
In the state of Michigan, there are particular residency criteria that must be met by anyone seeking to dissolve their marriage. You must adhere to various state-specific requirements before submitting a divorce petition to the Michigan courts. The prerequisites for Michigan residency are as follows:
[ 1 ] Before the court in this state would grant a divorce judgment, the complainant or defendant in a divorce case must have lived in this state for 180 days prior to filing the complaint, as well as for 10 days in the county where the complaint is filed.
[ 2 ] Typically, the spouse seeking a divorce does it in their home county.
If you do not satisfy at least one of the aforementioned Michigan residence criteria, you have the following options:
[ a ] Demonstrate Michigan residency for the aforementioned period of time. It is not necessary for you to wait before beginning the process of getting your documents.
[ b ] Allow your partner to file the paperwork if they satisfy the residency requirements.
If you or your spouse are eligible in another state, choose that one. Always consider the alternative for the state where you got married because every state is unique.
If the divorce from your former spouse is still pending, you should consult a lawyer. Before beginning a new divorce case, all prior divorce cases must be dismissed.
If your spouse has never lived in Michigan, the judge’s decisions can be more limited. More specifically, even if the residence requirements are met, a Michigan court might not have the authority to decide on matters like child custody, child support, and parenting time.
A signed and dated lease or rental agreement, tax returns or property tax papers if you own your home yourself, employment records or a letter from your employer, or voter registration evidence would all be required if the court asked you to show proof of your residency.
Military personnel stationed in Michigan must either designate Michigan their home of record after 180 days, which equates to 6 months and 10 days, or they must live there continuously.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.