Section 552.9 - Judgment of divorce; residency requirement; exception.
Revised Statutes of 1846 (EXCERPT)
DIVORCE
552.9 Judgment of divorce; residency requirement; exception.
Sec. 9.
(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.
(2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint:
(a) The defendant was born in, or is a citizen of, a country other than the United States of America.
(b) The parties to the divorce action have a minor child or children.
(c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.
History: R.S. 1846, Ch. 84 ;-- CL 1857, 3230 ;-- CL 1871, 4741 ;-- How. 6231 ;-- Am. 1887, Act 137, Eff. Sept. 28, 1887 ;-- Am. 1895, Act 202, Eff. Aug. 30, 1895 ;-- Am. 1897, Act 116, Eff. Aug. 30, 1897 ;-- CL 1897, 8624 ;-- Am. 1899, Act 210, Eff. Sept. 23, 1899 ;-- CL 1915, 11400 ;-- CL 1929, 12731 ;-- Am. 1931, Act 139, Imd. Eff. May 21, 1931 ;-- Am. 1941, Act 2, Eff. Jan. 10, 1942 ;-- Am. 1947, Act 323, Eff. Oct. 11, 1947 ;-- CL 1948, 552.9 ;-- Am. 1953, Act 174, Eff. Oct. 2, 1953 ;-- Am. 1956, Act 95, Eff. Aug. 11, 1956 ;-- Am. 1957, Act 257, Eff. Sept. 27, 1957 ;-- Am. 1958, Act 227, Imd. Eff. May 26, 1958 ;-- Am. 1959, Act 174, Eff. Mar. 19, 1960 ;-- Am. 1974, Act 344, Imd. Eff. Dec. 21, 1974 ;-- Am. 1989, Act 217, Imd. Eff. Nov. 27, 1989
Popular Name: No-Fault Divorce