Fowler v. Fowler
| Decision Date | 26 September 1991 |
| Docket Number | Docket No. 121689 |
| Parties | Phillip Delano FOWLER, Plaintiff-Appellant, v. Betty FOWLER, Defendant-Appellee. 191 Mich.App. 318, 477 N.W.2d 112 |
| Court | Court of Appeal of Michigan — District of US |
[191 MICHAPP 318] Phillip D. Fowler, in pro. per.
Before HOLBROOK, P.J., and CYNAR and WEAVER, JJ.
On September 20, 1989, plaintiff, Phillip Delano Fowler, a prisoner at the Muskegon Correctional Facility, filed for divorce from defendant Betty Fowler. By opinion and order entered on October 6, 1989, the Muskegon Circuit Court dismissed plaintiff's complaint without prejudice on the basis of lack of jurisdiction. Plaintiff appeals as of right. We affirm.
There is no common-law authority in Michigan [191 MICHAPP 319] to grant a divorce judgment. The jurisdiction of the circuit courts over divorce cases is strictly statutory. Stamadianos v. Stamadianos, 425 Mich. 1, 5, 385 N.W.2d 604 (1986). M.C.L. Sec. 552.9; M.S.A. Sec. 25.89 provides:
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 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.
The residency and waiting period requirements of the above statute are jurisdictional. Consequently, if they are not met, the court cannot grant a judgment of divorce and must dismiss the case. Stamadianos, supra, pp. 6-7, 385 N.W.2d 604.
When used in statutes conferring jurisdiction, residence is interpreted to mean legal residence or domicile. Curry v. Jackson Circuit Court, 151 Mich.App. 754, 758, 391 N.W.2d 476 (1986). The issue of legal residency is principally one of intent, and it is presumed that a prisoner cannot establish a new domicile in the county or state of his imprisonment because the relocation was involuntary. However, the presumption can be overcome if the inmate is able to demonstrate relevant factors that would corroborate a stated intention to reside in the county following release from prison. Id., p. 759, 391 N.W.2d 476.
In this case, plaintiff, who resided in Gainesville, Florida, before his incarceration, failed to present to the circuit court any evidence of...
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In re Joseph
...S.W.2d 829, 831 (1961); accord St. Joseph's Hosp. v. Maricopa County, 142 Ariz. 94, 688 P.2d 986, 991 (1984); Fowler v. Fowler, 191 Mich.App. 318, 477 N.W.2d 112, 113 (1991); In re Estate of Burshiem, 483 N.W.2d 175, 180 (N.D.1992). In Tennessee, a person's domicile is the place where his o......
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Smith v. Smith, Docket No. 189964
...and waiting period requirements of this statute are jurisdictional. Stamadianos, supra, pp. 6-7, 385 N.W.2d 604; Fowler v. Fowler, 191 Mich.App. 318, 319, 477 N.W.2d 112 (1991). Consequently, if these requirements are not met, the court cannot grant a judgment of divorce and must dismiss th......
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...611, 357 S.W.2d 829, 831 (1961); accord St. Joseph's Hosp. v. Maricopa County, 688 P.2d 986, 991 (Ariz. 1984); Fowler v. Fowler, 477 N.W.2d 112, 113 (Mich. Ct. App. 1991); In re Estate of Bursheim, 483 N.W.2d 175, 180 (N.D. 1992). In Tennessee, a person's domicile is the place where his or ......
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Tilley v. Tilley, Docket No. 132215
... ... Stamadianos v. Stamadianos, 425 Mich. 1, 5, 385 N.W.2d 604 (1986); Fowler v. Fowler, 191 Mich.App. 318, 319, 477 N.W.2d 112 (1991). M.C.L. Sec. 552.16; M.S.A. Sec. 25.96 provides that upon annulling a marriage or entering ... ...