Legal Question in Family Law in Michigan

Divorce residency - can he file divorce in home state of Michigan?

My 19 year old cousin is in the Air Force stationed in Tacoma, Washington. Has only been married 9 months, 18 yr old wife pregnant, due in August. They both originally resided in Michigan. She's probably moving back to Michigan (where they got married), to have the baby here. He is due to be out of the Air Force in October and will return to Michigan also.

Can he file for divorce now in Michigan so they aren't stuck forever with traveling to WA for all court hearings in the future? He's not overseas so we don't know if he falls under any of the protection laws for servicemen. If he IS stuck with filing in Washington is there a way to change the case later for custody hearings to be held here in Michigan or would he be stuck with Washington? She is unstable and she's already threatening to keep the baby from him. Does he have any legal father rights when the child is not born yet? Would it be better for him to stay married legally til he returns? Please help, he is very naive and hasn't even hired a lawyer yet....he's like a son to me and I'm desperate to move him into action but not sure how to advise him on where to start!!

Thanks!


Asked on 6/06/05, 9:30 am

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Divorce residency - can he file divorce in home state of Michigan?

In order to obtain jurisdiction in Michigan for a divorce you need to meet the residency requirement. That is, you need to have resided in Michigan for the 180 days prior to filing. For more info, please contact my office at (248)851-3171.

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Answered on 6/09/05, 11:16 am


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