Where can I file for divorce ifI don’t yet have residiency in my current state?

I’ve only been in MI 2 months and can’t file for divorce. My husband is an IN resident. We have 3 kids. Can I file in IN?

Asked on September 20, 2011 under Family Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can. In order to file your petition for dissolution of marriage in IN you must meet residency requirements. Among the filing requirements are that at the time of the filing of a petition, at least 1 of the parties must have been a resident of the state. So as long as your husband is a legal resident, then you can file in IN. You would file in the county in which he resides. And obviously, once you establish residency in MI you can file there as well.

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