Michigan divorce guide · Part 1 of 2
Filing for Divorce in Michigan When You or Your Spouse Lives Out of State
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Short answer: a Michigan court can handle your divorce if either spouse has lived in Michigan for the last 180 days. It does not have to be you. If you moved to Florida, Ohio, or anywhere else and your spouse stayed here, you can still file in Michigan without moving back.
Can I file in Michigan?
Answer five questions. Your result updates as you go.
Do not rely on this result. It is a general screen, not legal advice. Residency and jurisdiction turn on specific facts and dates.
The three questions a Michigan court asks
"Jurisdiction" just means the court's power to decide something. In a divorce that crosses state lines, the court looks at three separate things. You can pass one and not the others.
1. The marriage
Can Michigan end the marriage? Yes, if either spouse has lived in Michigan for 180 days and in the filing county for 10 days right before filing.
2. The other spouse
Can Michigan order your spouse to pay support or divide property? Usually yes if you lived here together as a married couple, or if your spouse takes part in the case.
3. The children
Can Michigan decide custody? Generally only if Michigan is the child's "home state," meaning the child lived here for the last 6 months. Part 2 covers this.
Common situations
| Your situation | Can Michigan take the divorce? |
|---|---|
| You left Michigan. Your spouse still lives here. | Yes. Your spouse's residency counts. File in your spouse's county. |
| You live in Michigan. Your spouse moved away. | Yes. File in your county and serve your spouse where they live now. |
| You live in Michigan. Your spouse never lived here. | Often yes, but you may need a full year of Michigan residency first, and money orders against your spouse can be limited. |
| You both left Michigan. | No, unless one of you moves back and completes 180 days. Look at the state where either of you lives now. |
| You work out of state but keep your home in Michigan. | Usually yes. Working elsewhere is not the same as moving, but the facts matter. |
Not sure which state to file in?
We can tell you in a free 15-minute consultation whether Michigan is the right court for your case.
Schedule a free consultation or call 248-996-9954How to start the divorce, step by step
- Pick the county. File in the circuit court of the Michigan county where you or your spouse has lived for at least 10 days.
- File the complaint. The complaint for divorce and summons start the case. Most Michigan courts accept filings electronically, so you do not need to appear in person to file.
- Serve your spouse. Your spouse must receive the papers, wherever they live. Michigan papers can be served in another state. If you cannot find your spouse, a judge can approve another method, such as publication.
- Wait for the answer. A spouse served outside Michigan generally has 28 days to respond.
- Finish the waiting period. At least 60 days from filing with no minor children. Six months with minor children, which a judge can shorten in cases of unusual hardship.
Quick answers
Do I have to move back to Michigan to file?
No. If your spouse has lived in Michigan for the last 180 days, that is enough. You file in your spouse's county.
Were we required to get married in Michigan?
No. Where you married does not matter. Where each of you lives now does.
My spouse filed in another state first. Now what?
Act quickly. The first case filed often keeps the divorce, and you may have a short deadline to respond or object there.
What if my spouse ignores the papers?
The case can still go forward by default once service is proven. What the court can order against a spouse who never lived here may be limited.
Can the same court decide custody?
Only if Michigan has jurisdiction over the children, which is a separate test. It is possible for Michigan to grant the divorce while another state decides custody.
Coming next · Part 2
Child custody when a parent lives in another state
Which state decides custody when one parent is in Michigan and the other is in Florida, Ohio, Indiana, Illinois, Tennessee, or North Carolina. The 6-month "home state" rule, what happens after a move, and how to keep or change a Michigan order.
Ready to file, or just been served?
Talk with a Michigan divorce attorney before you choose a court. Consultations are free and limited to 15 minutes.
Schedule a free consultation or call 248-996-9954Haque Legal, PLC · 838 W. Long Lake Road, Suite 110, Bloomfield Hills, MI 48302
Sources
- MCL 552.9: 180-day state and 10-day county residency
- MCL 552.9a: conditions for a divorce judgment, including service on the defendant
- MCL 552.9f: waiting periods and the rule for a defendant never domiciled in Michigan
- MCL 600.705(7): personal jurisdiction based on a Michigan marital domicile
- MCL 722.1201: child custody "home state" jurisdiction
Important. This guide provides general information about Michigan law and does not create an attorney-client relationship. It is not legal advice for your situation. Laws and court rules change, and jurisdiction depends on specific facts and dates. Speak with a licensed Michigan attorney before you act.