The Michigan Complaint Divorce form is a legal document filed in the Family Division of the Circuit Court to initiate a divorce proceeding. This form outlines essential information about both spouses, including their residency status, marriage details, and any minor children involved. By completing this form, individuals formally request the dissolution of their marriage and set the stage for addressing related issues such as property division and child custody.
The Michigan Complaint Divorce form serves as a critical document for individuals seeking to dissolve their marriage within the state. This form initiates the legal process and requires specific information from both parties involved. The document begins by establishing the jurisdiction of the court, confirming that there are no other pending actions related to the family or the individuals named in the complaint. It collects essential details about both the plaintiff and defendant, including their names, addresses, and contact information. Furthermore, the form requires information about the marriage, such as the date and location of the wedding, as well as the circumstances surrounding the separation. If children are involved, the form prompts the parties to provide details about their custody arrangements and any prior custody proceedings. Additionally, it addresses the division of property and debts, indicating whether a Property Settlement Agreement will be executed. The form concludes with the plaintiff's requests, including the dissolution of marriage and any name restoration, if applicable. Understanding the components of this form is vital for anyone navigating the divorce process in Michigan, ensuring that all necessary information is accurately presented to the court.
Original - Court
2nd copy - Plaintiff
4th copy - Friend of the Court
1st copy - Defendant
3rd copy - Return
STATE OF MICHIGAN JUDICIAL CIRCUIT
COUNTY FAMILY DIVISION
COMPLAINT FOR DIVORCE
Page 1 of 5 pages
CASE NO.
Court address
Court telephone No.
Plaintiff’s name, address, and telephone no(s).
V
Defendant’s name, address, and telephone no(s).
Plaintiff’s attorney, bar no., address, and telephone no.
Defendant’s attorney, bar no., address, and telephone no.
THERE IS NO OTHER PENDING OR RESOLVED ACTION WITHIN THE JURISDICTION OF THE FAMILY DIVISION OF THE CIRCUIT COURT INVOLVING THE FAMILY OR FAMILY MEMBER OF THE PERSONS WHO ARE THE SUBJECT OF THE COMPLAINT.
THERE IS NO PENDING OR RESOLVED CIVIL ACTION ARISING OUT OF THE TRANSACTION OR OCCURRENCE ALLEGED IN THE COMPLAINT.
NOW COMES the Plaintiff, _________________________, (Wife/Husband) and for
his/her Complaint For Divorce against the Defendant, _________________________,
(Wife/Husband) states as follows:
1.The Plaintiff Defendant Both Plaint and Defendant has/have been a resident of the State of Michigan for at least 180 days, and of _________________________
County, for at least 10 days, prior to filing this Complaint.
2.The statistical information of the parties is as follows:
Plaintiff
Name:
Name prior to marriage, if any Current Address:
Date of Birth:
Occupation:
Employer’s Name and Address:
Defendant
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STATE OF MICHIGAN
JUDICIAL CIRCUIT
COUNTY
Page 2 of 5 pages
FAMILY DIVISION
Court telephone no.
3.On the ______ day of __________, the Plaintiff, _________________________, was legally married to the Defendant, _________________________, in the County of
_______________. The Wife’s maiden name was _________________________.
4.The Plaintiff, _________________________, and the Defendant,
_________________________, lived and co-habited together as Husband and Wife until on or about ____________________, on which date they separated.
5.The parties have do not have property to be divided.
6.There are _______ minor children of said marriage:
Name
Date of Birth
Social Security Number
7.Pursuant to MCL 722.1209, Plaintiff states:
a.The children presently reside with _________________________ at
_________________________ and for the last five years have resided with
_________________________ at _________________________.
b.I have have not participated as a party or witness or in another capacity, in another child custody proceeding concerning the children.
c.I know do not know of a proceeding that could affect the current child custody proceeding, including a proceeding for enforcement or a
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Page 3 of
5 pages
proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption.
d.I know do not know of any person who is not a party to this child custody proceeding and has physical custody of the children or claims rights of legal custody or physical custody of , or parenting time with, the children.
8.There has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed, and there remains no reasonable likelihood that the parties' marriage can be preserved.
9.The parties own and possess, jointly and individually, miscellaneous household effects, household goods, furniture, fixtures, motor vehicles, real and personal property. The parties will execute a Property Settlement Agreement resolving all property and debt issues of the Parties, dispensing with the necessity of the Court making a division of the parties’ assets and debts.
10.All issues regarding the care and custody of the parties’ minor children, including issues of support and visitation, will be resolved by the Separation and Property Settlement Agreement to be executed by the parties.
WHEREFORE, the Plaintiff prays that:
A.The marriage between the Plaintiff and the Defendant be dissolved and that a divorce from the bonds of matrimony be adjudged, according to the statute in such case made
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Page 4 of 5 pages
and provided;
B.That the Property Settlement Agreement be approved by the Court;
C.
or
That wife be restored her maiden name of ________________,
No restoration of name is requested;
D.The Plaintiff be granted such other or further relief as this Court may deem just
and equitable.
Dated: ____________________
____________________________________
Plaintiff Signature
Address
City, State Zip
Phone
prior to marriage, if any
Current Address:
Employer’s
Name and Address:
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Page 5 of 5 pages
)
)ss.
County of ____________________
On this ______ day of _________________________, 20______, before me, a Notary
Public, in and for said County, personally appeared _________________________, to me known
to be the same person described in and who executed the foregoing Complaint for Divorce and who acknowledged the same to be his/her free act and deed, and that the same is true on his/her knowledge, except to those matters therein stated to be on information and belief, and he/she believes the same to be true.
_____________________________
Notary Public
My Commission Expires: ____________________
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When filing for divorce in Michigan, the Complaint for Divorce form is just one part of the process. Several other documents may be required to ensure that all legal aspects are addressed properly. Below is a list of commonly used forms that accompany the Complaint for Divorce.
Understanding these forms is essential for anyone navigating the divorce process in Michigan. Each document serves a specific purpose and contributes to the overall resolution of the divorce case. Properly completing and filing these forms can help ensure a smoother transition through this challenging time.
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Ensure you have the correct copies of the Complaint for Divorce form. You will need an original for the court, a copy for the plaintiff, one for the defendant, and a copy for the Friend of the Court.
Before filling out the form, confirm that you meet the residency requirements. Both parties must have lived in Michigan for at least 180 days and in the county where you are filing for at least 10 days.
Provide accurate statistical information about both parties. This includes names, addresses, dates of birth, occupations, and employers.
Clearly state the date and location of the marriage. This information is crucial for the court to establish jurisdiction.
Disclose any minor children involved. Include their names, dates of birth, and Social Security numbers as required.
Be honest about any previous child custody proceedings. This information impacts custody arrangements and should be clearly stated.
Consider preparing a Property Settlement Agreement to address property and debt division. This can simplify the process and reduce court involvement.
The Michigan Complaint Divorce form is a legal document filed in the Family Division of the Circuit Court to initiate a divorce proceeding. This form outlines the details of the marriage, the parties involved, and the reasons for seeking a divorce. It serves as the official request to dissolve the marriage and includes information on property, children, and any agreements between the parties.
Either spouse can file the Complaint for Divorce, provided they meet specific residency requirements. At least one spouse must have lived in Michigan for at least 180 days and in the county where the divorce is filed for at least 10 days prior to submitting the form.
The form requires various details, including:
Yes, there is typically a filing fee associated with submitting the Complaint for Divorce. The exact amount may vary by county, so it's essential to check with the local court for current fees. Fee waivers may be available for those who qualify based on income.
After filing the Complaint for Divorce, the court will schedule a hearing. Both parties will be notified, and they may need to attend. If there are minor children involved, additional proceedings may be necessary to address custody and support issues.
Yes, the form can be amended if necessary. However, any changes must be filed with the court, and both parties should be notified of the modifications. It’s advisable to consult with a legal professional for guidance on making changes.
If one spouse contests the divorce, the court will still proceed with the case. The non-filing spouse has the right to respond to the Complaint, and the court will hold hearings to address any disputes. Mediation may also be suggested to resolve differences.
A Property Settlement Agreement is a legal document outlining how the couple’s assets and debts will be divided. It is typically submitted to the court along with the Complaint for Divorce. The court must approve this agreement for it to be enforceable.
Yes, if desired, a spouse can request to restore their maiden name as part of the divorce proceedings. This request should be included in the Complaint for Divorce, and the court will consider it during the final judgment.
There are several misconceptions surrounding the Michigan Complaint Divorce form. Understanding these can help individuals navigate the divorce process more effectively.
Many people believe that only a licensed attorney can file the Michigan Complaint Divorce form. In reality, individuals can represent themselves in divorce proceedings. However, it is advisable to seek legal counsel to ensure that all necessary steps are taken correctly.
Some assume that completing and submitting the form will lead to an immediate divorce. The process can take time, as the court must review the complaint, and various factors, such as property division and child custody, may require further hearings.
It is a common belief that every detail about the marriage must be included in the initial complaint. While essential information is required, additional details can be provided later as the case progresses. The focus should be on the key facts necessary for the court to understand the situation.
Many people think that submitting the Complaint for Divorce is the sole requirement for obtaining a divorce. In fact, additional documents, such as a Property Settlement Agreement or custody arrangements, may also be necessary to finalize the divorce.