Can my wife file for divorcein the state whereshe lives if we were married in another state?

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Can my wife file for divorcein the state whereshe lives if we were married in another state?

Living in MI; married in CA.

Asked on October 11, 2010 under Family Law, California

Answers:

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

Answered 11 years ago | Contributor

A common misconception is that a divorce must be granted in the state where the marriage occurred.  This simply isn't the case. People can, and do, move out of state all of the time. When filing for a divorce you must either file in your state of residence or in the other party's state of residence.  In MI a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for 180 days immediately preceding the filing of the complaint, and has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.


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