Legal Question in Family Law in Michigan

Which state law do we abide by?

Question: I am a PA citizen, moving to Michigan. After establishing Michigan residency, I decide I want a divorce from my husband in Pennsylvania. PA has two types of divorces, ''no-fault'' and ''fault''. Michigan just has ''no-fault'' divorces. PA divorces take two years, Michigans, 90 days. If I am the first to file for divorce in the State of Michigan to my husband in PA, whose law will the divorce proceedings abide by?


Asked on 10/10/02, 5:15 pm

2 Answers from Attorneys
John C. Talpos Talpos & Arnold

Re: Which state law do we abide by?

Hello, I have received a copy of your e-mail regarding a Michigan divorce versus a Pennsylvania divorce. In most instances, the state where the suit is filed first is considered the court with proper jurisdiction. However, some states look at which court had jurisdiction over both parties first, ie: in wich case was the defendant served first. Feel free to call me at (248) 743-6800. John C. Talpos (http://www.Mich-lawwyer.com)

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Answered on 10/10/02, 10:51 pm
Timothy Trichler Timothy R. Trichler - Attorney and Counselor at Law

Re: Which state law do we abide by?

Greetings; If you file first, the case will be under Michigan Law. And as a side note, Michigan is not a true 'no fault' state. Fault can be used in Michigan in any case to affect the outcome of several contested issues. Thanks, Atty. Trichler; www.trichler.com

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Answered on 10/10/02, 5:21 pm


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