Divorce In Michigan - Basic Jurisdiction, Residency, Venue requirements
In order to file for divorce in Oakland County, Michigan, there are certain residency time limits that you must meet first. The law (MCL 552.9(1)) requires that in order to file for divorce in Oakland County, Michigan, either you or your spouse need to have resided in Oakland County, Michigan for at least 180 days immediately before the filing of the divorce and either you or your spouse need to have resided in the county where the divorce complaint is filed for 10 days immediately preceding the filing of the divorce. The only way to get around the 10-day county requirement is if the defendant is not a citizen of the United States, there are minor children involved, and there is evidence that shows that these minor children are at risk of being removed from the United States by the defendant.
Oakland County, Michigan divorce and family law requires that the person filing the divorce complaint verify the residency right in the divorce complaint. Experienced Oakland County, Michigan family law attorneys are familiar with this residency requirement as well as all of the other requirements that are stated in Michigan law. Judges in Oakland County strictly enforce the residency requirements in all divorce
The purpose of this residency law is to ensure that the Oakland County, Michigan court has subject matter jurisdiction over the divorce case. Subject matter jurisdiction is a requirement set forth by the Constitution of the United States and must be present for the court to have authority to decide the case. The subject of determining residency can be a tricky issue and should be addressed by a trusted Oakland County, Michigan divorce lawyer.
The Michigan Court of Appeals issued a decision that further explains this residency requirement. The case was called Kar v. Nanda and it dealt with a couple who were natives of India and married there in 2007. They traveled to the United States so that the wife could attend a university in Michigan. She had a student visa which would expire in 2012 and she lived near the university. The husband traveled for work and did not live in any one place in the United States for very long. In 2009, the husband filed for divorce in Washtenaw County, which is where the wife lived for school. The wife objected to the divorce, saying that the court didn’t have subject matter jurisdiction. She reasoned that she couldn’t be a Michigan resident if her intent was to return to India. The Michigan Court of Appeals held that her lack of intent to remain in Michigan permanently did not negate her current residency in Michigan and the court allowed the divorce to continue.
If you are considering filing for divorce, or if your spouse has filed for divorce against you in Oakland County, Michigan, you should hire a very experienced, aggressive divorce attorney. The divorce process can be very daunting and confusing. The Cutler Law Firm has many years of experience helping our clients through this divorce process. We keep up with the latest developments in divorce law in Michigan and we put in the time and research to do what it takes to represent you well in your case. We will keep all your information confidential and our attorneys and staff will always maintain professionalism. Our family law practice covers Oakland County as well as other counties throughout the State of Michigan.
If you would like to have a free consultation with an experienced attorney, kindly contact The Cutler Law Firm at 248-489-8780 or complete THE CONTACT FORM and an Attorney will promptly respond to your inquiry.