Effect of Foreign Citizenship on Divorce Jurisdictional Requirements
A standard Complaint for Divorce alleges the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint. These allegations are made because a Judgment of Divorce shall not be granted by a court in Michigan in an action for divorce unless those two requirements are met. MCL 552.9(1); Stamadianos v Stamadianos, 425 Mich. 1 (1986). However, a complaint for divorce may be filed without meeting the 10-day county jurisdictional requirement 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.
At the time of writing this article, this author has not found any appellate case law in Michigan to guide practitioners as to the type of evidence needed to allow the court to reasonably conclude that the minor child(ren) are at risk of being taken out of the United States of America and retained in another country. Potentially a foreign born/citizen spouse in possession of the child(ren)’s passport(s), intending to travel imminently to another county for an indefinite period of time and threatening not to return with the child(ren) may satisfy the invocation of this exception. Under such circumstances, having the ability to file in a county where neither party resided for 10 days (perhaps due to a recent move) may give a party the ability to obtain ex parte relief necessary to prevent children being taken to another country. As such, when time is of the essence, this statutory exception is something family law practitioners should keep in mind.
About the Author
Agnes Jury started as an associate at Sterling Law in September 2015. She was voted in as President Elect of the GTLA Bar Association in 2016. Agnes mostly practices immigration law, family law, and estate planning. Agnes was born and raised in Poland. She immigrated to Montreal, Canada at the age of 12. In October of 2000, she immigrated to Chicago, Illinois where she attended law school and practiced law for seven years. In May of 2015, Agnes and her family moved to Traverse City, Michigan. She is fluent in Polish and French.