A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Michigan, a spouse seeking to file for divorce must meet certain residency requirements. According to Michigan Compiled Laws Section 552.9, at least one of the spouses must have been a resident of the state for 180 days immediately preceding the filing of the complaint. Additionally, the spouse must have resided in the county where the divorce is filed for at least 10 days prior to filing, unless there is a risk of the other spouse taking the children out of the state. If minor children are involved, and the children have resided in Michigan for six months or more, Michigan courts typically have jurisdiction over child custody matters. These residency requirements are designed to ensure that the court has proper jurisdiction over the divorce case. It's important to note that there may be exceptions or additional requirements under certain circumstances, and consulting with an attorney can provide guidance specific to an individual's situation.