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Timing of divorce filing can make a difference, P.2

In our last post, we began looking at some of the issues that could potentially lead to a change in the timing of a divorce filing. We’ve spoken not only about considerations regarding children, but also finances. Another consideration that can come into play is jurisdictional issues, or which state in which the divorce should be filed.

In some marriages, it may be possible to file for divorce in a multiple different states. This can happen, for instance, when a couple moves to a different state and divorces after meeting that state’s residency requirements. It could also happen when a couple has established residency in multiple states while having their permanent residence one state. 

Different states have different residency requirements. Some are stricter than others. Those that are stricter usually require that a party be domiciled in the state, meaning they must have a permanent, fixed home within the state and the intention of remaining there. A party can only have one domicile, but it is possible to have multiple residences.  Michigan requires a party to reside in the state for 180 immediately preceding the filing of the complaint and in the county where the complaint is filed for 10 days immediately preceding the filing.

Differences in state laws regarding child custody and property division can make more favorable for a party to file in one state versus another. Given the differences in state residency laws, timing can play a factor in filing for divorce. Sorting such matters out is not an easy matter, though, and it is important to consult with an experienced family law attorney to build the best possible strategy and to get the timing right. 

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Timing of divorce filing can make a difference, P.2 | Peter A D'Angelo, Attorney at Law, PLC