The process of getting a divorce can be overwhelming, especially if you do not have a clear understanding of the legal requirements. One of the most critical requirements to fulfill when filing for a divorce in Michigan is meeting the residency requirements. This article provides an overview of the residency requirements for getting a divorce in Michigan.
Michigan Residency Requirements For Filing For Divorce
To start the divorce process in Michigan, the petitioner must meet the state’s residency requirements. In Michigan, there are two sets of residency requirements, one for filing for divorce and another for finalizing the divorce.
Filing For Divorce Residency Requirements In Michigan
To file for a divorce in Michigan, either spouse must have been a resident of the state for at least 180 days before filing. Additionally, they must have resided in the county where the divorce is being filed for at least ten days.
It is worth noting that if the petitioner is a member of the military stationed in Michigan, they meet the residency requirements if stationed in Michigan for at least 180 days before filing.
Residency Requirements For Finalizing A Divorce In Michigan
To finalize the divorce in Michigan, at least one of the spouses must be a resident of Michigan for at least 180 days before the divorce is finalized. Additionally, the divorce must be filed in the county where either spouse has resided for at least ten days.
Why Are Residency Requirements Essential In A Divorce?
The residency requirement is essential in Michigan because it helps to establish jurisdiction over the divorce case. This requirement means that Michigan courts do not have jurisdiction over cases in which neither spouse meets the residency requirements. Additionally, meeting the residency requirement means that Michigan courts have the authority to make decisions on important divorce issues such as spousal support, child custody, and property division.
What If I Do Not Meet The Residency Requirements In Michigan?
If you do not meet the residency requirements in Michigan, you cannot file for a divorce. However, if you are considering a divorce and do not meet the residency requirements, you can do the following:
Wait until you meet the residency requirements: If you do not meet the residency requirements, you can choose to wait until you meet the requirements before filing for divorce.
File in another state: If you or your spouse meets the residency requirements in another state, you could file for divorce in that state.
Conclusion
Filing for a divorce can be complicated, but knowing the residency requirements is crucial to speeding up the process. It is, therefore, essential to understand the residency requirements for filing and finalizing a divorce in Michigan before proceeding with filing your petition. If you are not sure where to start, it is best to consult with an experienced divorce attorney to guide you through the process.