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Filing for divorce can be a daunting experience, but understanding the Michigan Complaint Divorce form can help simplify the process. This form serves as the official document that initiates a divorce proceeding in the state of Michigan. It requires essential information about both parties, including names, addresses, and contact details. Additionally, it asks for details about the marriage, such as the date of marriage, the date of separation, and any minor children involved. The form also addresses property division and custody arrangements, making it clear how these matters will be resolved. Importantly, the Complaint outlines that there are no other pending legal actions related to the family, ensuring that the court can focus solely on this case. By filling out this form accurately, the Plaintiff sets the stage for the legal proceedings that will follow, aiming for a fair resolution of all issues related to the divorce.

Dos and Don'ts

When filling out the Michigan Complaint Divorce form, there are several important dos and don'ts to keep in mind. Here’s a helpful list:

  • Do ensure that you have been a resident of Michigan for at least 180 days before filing.
  • Do provide accurate and complete information about both parties, including names, addresses, and contact details.
  • Do specify the date and location of your marriage clearly.
  • Do mention any minor children and provide their details, including names and dates of birth.
  • Do state whether there are any pending legal actions that could affect the divorce proceedings.
  • Don't leave any sections of the form blank; incomplete forms can delay the process.
  • Don't provide false information or omit critical details; honesty is crucial.
  • Don't forget to sign the form in front of a notary public.
  • Don't submit the form without making copies for your records and for the other party.
  • Don't overlook the need for a Property Settlement Agreement if you have assets or debts to divide.

By following these guidelines, you can help ensure a smoother process as you navigate your divorce proceedings in Michigan.

Document Attributes

Fact Name Description
Governing Law The Michigan Complaint for Divorce is governed by the Michigan Compiled Laws (MCL) 552.6 and MCL 722.1209.
Residency Requirement The Plaintiff and Defendant must be residents of Michigan for at least 180 days and of the county where the complaint is filed for at least 10 days prior to filing.
Filing Copies Four copies of the complaint must be filed: one for the court, one for the Plaintiff, one for the Defendant, and one for the Friend of the Court.
Separation Requirement The complaint must state that the parties have separated and describe the circumstances of the separation.
Child Custody Information If there are minor children, the complaint must provide details about their living arrangements and any prior custody proceedings.
Property Settlement Agreement The parties can execute a Property Settlement Agreement to resolve property and debt issues without court intervention.
Restoration of Name The Plaintiff may request the restoration of a maiden name as part of the divorce proceedings, though this is optional.

Key takeaways

  • Residency Requirements: Both the Plaintiff and Defendant must have been residents of Michigan for at least 180 days and of the county where the complaint is filed for at least 10 days prior to filing.
  • Personal Information: Accurate personal details of both parties, including names, addresses, and occupations, must be provided in the form.
  • Marriage Details: The date and location of the marriage should be clearly stated, along with the wife's maiden name.
  • Separation Information: The form requires the date of separation between the parties, which is crucial for the divorce proceedings.
  • Property Division: The form must indicate whether there are assets to be divided. If no property exists, this should be explicitly noted.
  • Child Custody: If there are minor children, their names, dates of birth, and current living arrangements must be included.
  • Prior Custody Proceedings: The Plaintiff must disclose any previous child custody proceedings and any other relevant legal actions affecting the children.
  • Breakdown of Marriage: A statement confirming that the marriage has irretrievably broken down is necessary to support the divorce claim.
  • Property Settlement Agreement: The form should indicate that a Property Settlement Agreement will be executed to resolve property and debt issues, minimizing court involvement.

Example - Michigan Complaint Divorce Form

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.

COMPLAINT FOR DIVORCE

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

Name:

Name prior to marriage, if any Current Address:

Date of Birth:

Occupation:

Employer’s Name and Address:

- 1 -

STATE OF MICHIGAN

COMPLAINT FOR DIVORCE

CASE NO.

JUDICIAL CIRCUIT

 

COUNTY

Page 2 of 5 pages

 

FAMILY DIVISION

 

 

Court address

 

Court telephone no.

 

 

 

Plaintiff

V

Defendant

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

COMPLAINT FOR DIVORCE

CASE NO.

- 2 -

STATE OF MICHIGAN

 

 

 

JUDICIAL CIRCUIT

Page 3 of

5 pages

 

COUNTY

 

 

 

 

FAMILY DIVISION

 

 

 

Court address

 

 

Court telephone no.

 

 

 

 

Plaintiff

V

Defendant

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

-3 -

STATE OF MICHIGAN

COMPLAINT FOR DIVORCE

CASE NO.

JUDICIAL CIRCUIT

 

COUNTY

Page 4 of 5 pages

 

FAMILY DIVISION

 

 

Court address

 

Court telephone no.

 

 

 

Plaintiff

V

Defendant

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

 

 

 

 

Plaintiff

 

 

 

 

 

 

Defendant

Name:

 

 

Name:

Name

prior to marriage, if any

 

 

Name

prior to marriage, if any

Current Address:

 

 

 

 

 

Current Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of Birth:

 

Date of Birth:

Occupation:

 

 

 

 

Occupation:

 

 

Employer’s

Name and Address:

 

 

Employer’s

Name and Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

- 4 -

STATE OF MICHIGAN

COMPLAINT FOR DIVORCE

CASE NO.

JUDICIAL CIRCUIT

 

COUNTY

Page 5 of 5 pages

 

FAMILY DIVISION

 

 

Court address

 

Court telephone no.

 

 

 

Plaintiff

V

Defendant

STATE OF MICHIGAN

)

 

)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: ____________________

- 5 -

Detailed Instructions for Writing Michigan Complaint Divorce

After gathering the necessary information, you are ready to fill out the Michigan Complaint Divorce form. This form is essential for initiating the divorce process in Michigan. Ensure that you have all relevant details about both parties and any children involved. Follow the steps carefully to complete the form accurately.

  1. Obtain the Form: Download the Michigan Complaint Divorce form from the official state website or acquire a physical copy from your local courthouse.
  2. Fill in the Case Information: At the top of the form, enter the case number, court address, and court telephone number.
  3. Provide Plaintiff and Defendant Information: Input the names, addresses, and telephone numbers for both the plaintiff and the defendant. If applicable, include the names and contact details of their attorneys.
  4. Confirm Residency: Indicate whether the plaintiff and defendant have been residents of Michigan for at least 180 days and of the specific county for at least 10 days prior to filing.
  5. Enter Statistical Information: Fill in the plaintiff's and defendant's names, names prior to marriage, current addresses, dates of birth, occupations, and employer details.
  6. Marriage Information: State the date and location of the marriage, along with the wife's maiden name.
  7. Separation Date: Provide the date of separation between the parties.
  8. Property Division: Indicate whether there is property to be divided. If applicable, specify that a Property Settlement Agreement will be executed.
  9. Children Information: List the number of minor children from the marriage, including their names, dates of birth, and Social Security numbers.
  10. Child Custody Details: Answer questions regarding the current residence of the children, previous custody proceedings, and any other relevant custody information.
  11. Marriage Breakdown: Confirm that there has been a breakdown in the marriage relationship.
  12. Relief Sought: Specify the requests being made to the court, including the dissolution of marriage and approval of the Property Settlement Agreement.
  13. Sign the Form: The plaintiff must sign and date the form at the bottom. Ensure all information is accurate before signing.
  14. Notarization: Arrange for a notary public to witness the signature and complete the notarization section of the form.
  15. Make Copies: Create copies of the completed form for the plaintiff, defendant, the court, and the Friend of the Court.

Documents used along the form

When filing for divorce in Michigan, the Complaint for Divorce form is just one of several important documents you may need. Here’s a list of other forms that are commonly used in conjunction with the divorce process.

  • Summons: This document notifies the defendant that a divorce action has been filed against them. It includes information about the court, the case number, and instructions on how to respond.
  • Affidavit of Service: This form confirms that the defendant has been properly served with the Complaint for Divorce and Summons. It must be filed with the court to show that the defendant is aware of the proceedings.
  • Parenting Plan: If there are minor children involved, a Parenting Plan outlines custody arrangements, visitation schedules, and decision-making responsibilities. This document helps to ensure that both parents are on the same page regarding their children's care.
  • Property Settlement Agreement: This agreement details how the couple's assets and debts will be divided. It is an important document that can help avoid disputes later on.
  • Financial Disclosure Statement: This form requires both parties to disclose their financial information, including income, expenses, assets, and debts. Transparency is key to fair negotiations.
  • Room Rental Agreement: This legal document is essential for outlining the specific terms between a landlord and tenant regarding room rentals. It not only clarifies the conditions of occupancy but also helps in preventing disputes. For a comprehensive template, you can refer to https://newyorkform.com/free-room-rental-agreement-template/.
  • Request for Hearing: If either party needs to schedule a court appearance for issues like custody or support, this document is used to formally request a hearing date.

Each of these documents plays a crucial role in the divorce process. Understanding them can help make the journey smoother and more manageable. Always consider seeking guidance to ensure that all paperwork is completed accurately and submitted on time.