Can I File for Divorce in Michigan?

The state of Michigan has unique divorce residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with the Michigan divorce courts. The Michigan residency requirements are as follows:

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, 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.

The divorce is typically filed with in county in which the filing spouse lives.

(Michigan Compiled Laws - Section: 552.9)

If you DO NOT meet at least one of the above Michigan residency requirements, you have the following options:

• Establish residency in Michigan for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Michigan residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

When you file for divorce in Michigan, if your spouse does not live in the state, you must prove to the court you are a resident. To be considered a resident of Michigan you must live in the state for 6 months or 180 days and the county for at least 10 days prior to filing for the divorce. If the court requires you to provide proof of your residency, you would need to provide a signed and dated lease or rental agreement, tax returns or property tax paperwork if you own your own home, employment records or letter from your employer or voter registration documentation. For military members who are stationed in Michigan you must live in the state for 180 days or 6 months and 10 days in the county, or you must declare Michigan your home of record.