To be granted a divorce in Michigan, you or your spouse must have lived in Michigan for at least 180 days immediately before filing your complaint for divorce. In addition, you or your spouse must have lived in the county where the complaint is filed for 10 days immediately before filing.1 If you or your spouse have not lived in the county you are filing for divorce in for at least 10 days, you can still file for divorce in that county (or in any county) if all of the following are true:
- your spouse was born in, or is a citizen of, a country other than the United States;
- you and your spouse have a child under 18 years old; and
- the judge believes that your child is at risk of being taken out of the United States by your spouse and held in another country.2
1 M.C.L.A. § 552.9(1)
2 M.C.L.A. § 552.9(2)
THE LAW
M.C.L.A. §552.9 Judgment of divorce; residency requirement; exception.
Sec. 9.
(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.
(2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint:
(a) The defendant was born in, or is a citizen of, a country other than the United States of America.
(b) The parties to the divorce action have a minor child or children.
(c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.
SUMMARY
Before you file for divorce, make sure you have lived in the State of Michigan for at least 180 days before filing and that you have resided at least 10 days in the specific county you file in.
HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES
GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
At Schmitt Law, PLLC, we understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or contact us online to arrange a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.
