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Posts from December, 2021

Effect of Foreign Citizenship on Divorce Jurisdictional Requirements

A standard Complaint for Divorce alleges the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint. These allegations are made because a Judgment of Divorce shall not be granted by a court in Michigan in an action for divorce unless those two requirements are met. MCL 552.9(1);  Stamadianos v Stamadianos, 425 Mich. 1 (1986). However, a complaint for divorce may be filed without meeting the 10-day county jurisdictional requirement if all of the following apply and are set forth in the complaint:

Divorcing your foreign spouse: the interplay of “green card” sponsor contracts in divorces

There are several ways family law intersects with immigration law. A party’s immigration status is often raised in a family law case when a party is in the United States only temporarily (ex: on a work visa) or without legal status (ex: entered illegally or overstayed their visa) or in deportation/removal proceedings or lives abroad. However, family law practitioner should also pay attention to whether either party is a permanent resident of the United States (i.e. has a “green card”) which means that the U.S. Citizen party may have signed an Affidavit of Support under Section 213A of the INA (form I-864) on behalf of the permanent resident party as part of the Application for Permanent Residency.

Claiming child as a dependent in a Judgment of Divorce: is provision modifiable or not?

Family law practitioners often negotiate who will claim a child(ren) as dependent(s) in divorce or custody matters. However, not all practitioners specify whether this term would be subject to modification in the future. In the absence of a specific statement regarding modification of a child tax exemption provision, the association of the provision with child support or property settlement may dictate whether the provision is subject to the restrictions on modifications of property settlement agreements or the more liberal modification rules of child support arrangements.









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