Legal Question in Family Law in Michigan

Establishing residency in Michigan to initiate divorce

I will be moving to Michigan to attend graduate school, and will be living in co-op housing. I would like to file for divorce in Michigan since it is a no-fault state. My question is, is it possible for me to establish residency in Michigan in this case?


Asked on 7/23/02, 7:40 am

4 Answers from Attorneys

Timothy Trichler Timothy R. Trichler - Attorney and Counselor at Law

Re: Establishing residency in Michigan to initiate divorce

Greetings; Yes, you can establish residency. Once established, you can file for divorce. Please note however, that Michigan is NOT a true no-fault state. Thanks, Atty. Trichler; www.trichler.com

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Answered on 7/23/02, 8:12 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Establishing residency in Michigan to initiate divorce

You are making a mistake. Suggest you consult with an experienced matrimonial attorney now. Why wait to establish residency in MI, when you can file now in NY?

If you are that unhappy in your marriage, that you want to run away from it, then most likely you already have grounds. I have yet to see a marriage which, if examined closely enough, did not have grounds for divorce. And that is in 32 years of practice.

Even if you establish residence in MI, that is not a true no-fault state anyway. Custody and economic issues would have to be tried in NY. You would be litigating in two states - not a good plan.

If you wish to discuss this with me privately, please call to schedule a consultation: (516) 741-7799.

I practice in NYC and Long Island.

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Answered on 7/23/02, 9:07 am
Gregory J. Roth Gregory J. Roth, PLLC

Re: Establishing residency in Michigan to initiate divorce

As long as you meet Michigan's residency requirements, you may file for divorce in Michigan. There is a 180-day state residency requirement and a 10-day county residency requirement that must be met before a court can have jurisdiction. If you have further questions, please consult my attorney profile or my website: www.lawgreg.com.

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Answered on 7/23/02, 11:50 am
John C. Talpos Talpos & Arnold

Re: Establishing residency in Michigan to initiate divorce

Hello, I have received a copy of your e-mail regarding a Michigan divorce. The law here requires that you be a resident of the state for 6 months and of the County in which you are filing for 10 days. Beware that the term "no fault" is a misnomer. We should be called a "sometimes fault" state. That is because fault does "sometimes" play a role in a divorce, especially in property division. Good Luck. John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 7/23/02, 3:01 pm


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