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I have been practicing family law in Oakland County, Michigan since 1996.  Over the years, due to the global nature of the automotive industry, I have handled many many international divorce cases that involved citizens of different nations, property in other nations and custody/parenting time issues that involve children that will reside in another nation.  The first question I am always asked is whether the courts in Michigan will have jurisdiction over the case, the people or the property that is to say, can we file the case here in Michigan?  This blog is written to generally address this issue, if you have questions regarding your own personal situation, remember ever case is different and it would be wise to schedule a consultation with a knowledgeable divorce lawyer to discuss the issue.

Can I File for Divorce In Michigan If I Am Not A U.S. Citizen?

The answer is yes, probably.  Jurisdiction for a divorce depends on residency, not citizenship.  Anyone who has resided in the State of Michigan for at least 180 days can file for divorce in the State of Michigan and you can file in a particular county if you have resided in that county for at least ten days immediately preceding the filing.  If only one person resides in Michigan and the other person resides in another country, then you can file for divorce, it depends on a number of factors whether the court will have jurisdiction to divide property and you may have to file a subsequent case in the country where the other party or the property resides, but you can still file for and get divorced here.  If there are children, jurisdiction and venue are proper in the State and County where the child(ren) reside.

The biggest question in some of these cases depends on what constitutes residency with regards to jurisdiction.  The law indicates that residency is domicile with an intent to remain at that domicile as a primary residence for an indeterminant period of time.  This means you must live in the State of Michigan and also intend to remain there for the foreseeable future, a thought that you might be returning home or transferred back home in the future does not count.  Intransient domicile does not count, so taking a long vacation, going to school but intending to return home after graduation, short-term work transfers and the like will not count.  Some of the things the court will look at with regards to proving residence as opposed to domicile are driver's licenses, mailing addresses, home ownership, retention of real estate in the other country, tax returns, length of time someone has resided in Michigan and other indicia of an intent to remain in the State of Michigan for the foreseeable future..

This blog was written to generally address this issue, every case is different and jurisdiction can be a particularly difficult area for the uninitiated, particularly if residency is contested.  If you have questions regarding your own life, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling us at (248) 608-4123.