Jurisdiction Requirements in Divorce Where and When?

Similar to many other states, Michigan enforces statutory residency requirements that must be met before a spouse can initiate a divorce proceeding in the state. These days, when jobs often require relocation across the country, individuals may find themselves not having resided in one location long enough to meet the strict statutory criteria for filing for divorce. What are the residency requirements to file for divorce in Michigan?

The law in Michigan is that at least one of the spouses must have resided in the State of Michigan for 180 days and in the county where the divorce was filed for at least 10 days for the circuit court to have subject matter jurisdiction over the case:

• “(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.”

• “(2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint:”

• “(a) The defendant was born in, or is a citizen of, a country other than the United States of America.”

  • “(b) The parties to the divorce action have a minor child or children.”

  • “(c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.” https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-552-9

The Michigan Supreme Court has determined that adhering to the statutory residency length requirement is a jurisdictional matter, and a court's failure to comply makes a divorce decree entirely void. Refer to Gunn v Gunn, 205 Mich 198, 200; 171 NW 371 (1919). Jurisdictional issues can be raised at any point during the process, even on appeal. This implies that a spouse dissatisfied with the divorce trial's outcome or reconsidering the consent judgment can challenge the court’s jurisdiction on appeal and potentially reverse the entire proceeding.

The 180-day state residency is not the only jurisdictional issue; the 10-day county residency must also be fulfilled, or the judgment is void. In Stamadianos v Stamadianos, 425 Mich 1; 384 NW2d (1986), the Michigan Supreme Court declared that the 10-day county residency rule is jurisdictional, not a venue rule, and must be met for the circuit court to have subject-matter jurisdiction. In this case, a divorce judgment was overturned when the defendant later proved the plaintiff had falsely claimed to be a resident of Livingston County for the required 10-day period. These fundamental questions are indeed crucial.

IIf a party raises the issue of jurisdiction, the proceedings are halted until the matter is resolved. Even if a party does not mention the issue, the judge is obligated to address a jurisdictional issue if it becomes apparent through other means before proceeding further. "The question of jurisdiction may be properly presented to and passed upon by a court at any stage of pending proceedings." *Lehman v Lehman*, 312 Mich 102, 106; 19 NW2d 502 (1945). "Courts are bound to recognize the limits of their authority, and a court may, and should, on its own initiative, even if the question is not raised by the pleadings or by counsel, acknowledge its lack of jurisdiction and take appropriate action by staying proceedings, dismissing the action, or otherwise disposing of it, at any stage of the proceeding." *Id* at 105-106.

The issue of jurisdiction in your divorce case is crucial and can significantly impact the outcome. It is essential to have a knowledgeable family law attorney on your side to effectively represent your interests and maximize your chances of a favorable result. If you or someone you know has questions about family law matters or requires legal representation, do not hesitate to reach out to the experienced lawyers at https://www.mgilbertlawoffice.com/