No More Race To The Courthouse

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Until recently, when a married couple who were divorcing resided in different counties, the first party to start the divorce case had a choice of which county to file in. Naturally the county thought to be most sympathetic to the person who filed first was chosen. This often resulted in a race to the courthouse and was a widely accepted practice. But all that changed in a recent court case (Funk v Funk, No 319467, 2015 Mich App Lexis 692, Apr 2, 2015). That case held that a case should be filed only in the county where the Defendant lives. The case also held that the party who filed in the wrong County must pay the other parties out-of-pocket costs and attorney fees.

So don’t race to the court house.  You might trip and fall into a legal pot hole.

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