Being charged with domestic violence in Michigan may only be the beginning of your issues with your spouse or significant other. The domestic violence charges could lead to your spouse filing for divorce, with the idea that the domestic violence charges will help them in the divorce proceeding. For the most part, being charged or convicted of domestic violence can significantly impact your divorce. Here are some common questions that clients charged with domestic violence have had in the past. While I concentrate exclusively on criminal matters, my law firm handles family law case, and we'd be happy to discuss those issues with you as well. To learn about a proactive approach to domestic violence in Michigan click here.
For a court to a Michigan divorce judgment, it must have jurisdiction over the two parties, and the residency requirements must be met, which are listed in MCL 552.9(1), which states
(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.
What if one spouse is out-of-state for a Michigan divorce?If one spouse is not a resident of Michigan, there are two different alternative basis for obtaining the proper authority for a court to grant a divorce in Michigan
- the defendant must be "domiciled" in Michigan when the complaint for divorce is filed
- the defendant was domiciled in Michigan when the cause for divorce occured
- the defendant was personally served in Michigan, was served by publication, has voluntarily appeared in the action, or has been served with a copy of notice for appearance and an order for publication in Michigan or elsewhere
There are a number of other factors to when a court can exercise jurisdiction over a party depending upon that party's contacts with the State of Michigan.
For a court to a Michigan divorce judgment, it must have jurisdiction over the two parties, and the residency requirements must be met, which are listed in MCL 552.9(1), which states
(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.
What if one spouse is out-of-state for a Michigan divorce?If one spouse is not a resident of Michigan, there are two different alternative basis for obtaining the proper authority for a court to grant a divorce in Michigan
- the defendant must be "domiciled" in Michigan when the complaint for divorce is filed
- the defendant was domiciled in Michigan when the cause for divorce occured
- the defendant was personally served in Michigan, was served by publication, has voluntarily appeared in the action, or has been served with a copy of notice for appearance and an order for publication in Michigan or elsewhere
There are a number of other factors to when a court can exercise jurisdiction over a party depending upon that party's contacts with the State of Michigan.
