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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13636
Experience:  Experienced in multiple areas of the law.
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Good day. If a couple snowbird in Florida (primary residence)

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Good day. If a couple snowbird in Florida (primary residence) but have a secondary home in Michigan, does it matter which state a petition for divorce is filed?
Thank you for your question. They need to file where they are actually domiciled, in the state that is considered the primary residence -in this case, that would be Florida.

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Customer: replied 6 years ago.

Thank you. Would it be more adventaseous to change residency back to Michigan for 6 months prior to petition? Or are the general laws quite similar (no minor children involved)?

Thank you for your reply. It really wouldn't, because the two states are pretty similar. Both are "no-fault" divorce states, that is, you can only seek divorce on the grounds that the marriage is broken and reconciliation will not occur. Both are equitable distribution states, meaning property will be divided in an equitable, fair, manner, though not necessarily equal (often it is 50/50, but it could also be 60/40, or 55/45). Marital debts are divided in an equitable manner as well. Both allow for either spouse to seek alimony. Assuming the parties agree on the terms, you need not involve an attorney, either. You could get the forms from the Clerk of the Court and file an uncontested divorce yourselves, which is by far the fastest and cheapest way to handle things.
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