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I have been practicing family law in Oakland County, Michigan since 1996.  It seems that more often than ever I am handling cases where one of the spouses in a divorce case has moved out of Michigan either for work or to pursue an online romance.  When this occurs I am often asked if the spouse that remain in Michigan may file for divorce in Michigan even though the other spouse now resides in another state.  This blog is written to generally address whether you may file for divorce in Michigan even though the other spouse is now residing in another state, if you have specific questions about your situation, please do not hesitate to contact us by clicking on this link, or calling (248) 608-4123 to schedule a consultation.

Can I File For Divorce In Michigan If My Spouse Lives In Another State?

The answer is generally yes, you should be able to file for divorce in the County where the two of you resided immediately before the other spouse left Michigan.  To get a divorce case started, one must file a Complaint for Divorce in the Family Division of the proper Michigan Circuit Court.  In addition, there must be no other case(s) started in another Michigan Circuit Court or in any other State Circuit Court.  This means for instance that if you resided in Oakland County immediately before the other spouse left and you remain in Oakland County, then you should be able to file your case in the Family Division of the Oakland County Circuit Court.  You would then have the other spouse personally served with the Complaint, Summons and any other required documents by the local Sherriff's Department in the other spouse's new home state.  The case would then proceed here in Michigan in your local county.

If the other spouse has resided in the other state for more than six months, then the other spouse may be able to file for divorce in the other state.  However, if you have never resided in the other state, then typically that state will not have jurisdiction over you and the divorce case should not proceed in the other state.  If the other spouse does file in another state, you should immediately contact an attorney here to file a complaint for divorce and an attorney who is located in the jurisdiction where the other spouse filed.  You should ask that attorney to file the appropriate motions to get that case dismissed so that the case may proceed in Michigan..

If you resided in another state with your spouse, then you moved to Michigan and the two of you never resided in the State of Michigan, then you will not be able to proceed with the divorce in Michigan because Michigan does not have any jurisdiction over the other spouse.  In those circumstances, you or your spouse will have to file a complaint for divorce in the jurisdiction where the other spouse resides.  If both of you resided together in another state and then both of you move out of the state where you were residing to different states, then you may be able to file for divorce in either of the states where each of you now resides.  For instance if you met in California, married there and resided there until one spouse moves back to Michigan and the other back to New York, then either spouse could file for divorce in Michigan or New York and that is where the case would proceed depending on who files first.

This blog was written to generally address where to file a complaint for divorce if your spouse now resides in another state and situations do arise where the issue of jurisdiction can be very complicated.  If you have any questions regarding divorce, family law or prenuptial agreements, please contact us by clicking on this link or calling (248) 608-4123.