Can I Draft and Sign Divorce Papers Before I Meet the Residency Requirement?

Ask a Lawyer


My wife and I recently moved to Michigan, and now want to divorce; however, we do not meet the minimum residency requirements. Can we draft and sign the paperwork now and then submit it once we meet the residency obligation?

California divorce attorney Robert Aguilar


In all states, a party must meet residency requirements in order to establish a family law case. However, it is not uncommon for parties to work together in preparing an agreement before filing all paperwork necessary for a divorce.

On the other hand, you do want to be informed of what your rights and obligations are under the laws of your current state, as well as the state where you were residing in prior to the move to Michigan. Some states have laws as to the issue of alimony/spousal support/maintenance that are more favorable than others.

You may also want to consult with a family law attorney as to whether or not any proposed agreement is in your long term best interests. Too many times have we seen clients come through our doors because they entered into a terrible agreement because they just wanted to “get it over with” and “move on.”

An initial consultation with an attorney at Cordell & Cordell would be better suited to go over the specifics of your case and assist you in heading towards the right direction.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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