FAQ: Where To File My Family Law Case?

As with many legal issues, the answer is:  “it depends.”  When determining the county in which your family law action must be filed, the first consideration is the type of action that you intend to file. For example, the legal rules may be different for a divorce case, a paternity case or an action involving dividing an interest in real estate between unmarried partners. Generally speaking, a broad overview is as follows:

For a Divorce matter, the action may be filed in the county in which either party resides. (That is, if the party also has lived in the State of Michigan for at least 180 days.)  MCL 552.9(1).

For an action under the Paternity Act, the action generally should be filed in the county in which the mother and child reside.  MCL 722.714(1).

If an interest in real property is the issue of litigation, the action typically is field in the county in which the property is located.

There are important exceptions and nuances to these rules.  Even the notion of “residency” itself can be an issue.  As a result, before filing any type of family law action in Michigan, it is always advised that you consult with an experienced family law attorney.

PLEASE NOTE: This blog is not intended to constitute legal, financial and/or tax advice.  We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice by a licensed accountant or lawyer.