The Michigan Complaint Divorce form is a legal document that initiates the process of obtaining a divorce in Michigan. This form outlines the necessary information about both spouses, their marriage, and any children involved. If you are ready to begin the divorce process, fill out the form by clicking the button below.
The Michigan Complaint Divorce form is a crucial document for individuals seeking to dissolve their marriage in the state of Michigan. This form initiates the legal process and must be filed with the appropriate court. It requires detailed information about both spouses, including their names, addresses, and contact details, as well as their attorneys' information if they are represented. The form establishes jurisdiction by confirming that both parties have resided in Michigan for the requisite time before filing. Additionally, it outlines the essential aspects of 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, indicating whether the parties have reached a Property Settlement Agreement. Importantly, it emphasizes that there are no other pending actions related to the family within the jurisdiction. Finally, the form concludes with a request for the court to grant a divorce and any other relief deemed appropriate, ensuring that all necessary details are presented for the court's consideration.
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:
- 4 -
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: ____________________
- 5 -
After completing the Michigan Complaint Divorce form, the next steps involve filing it with the appropriate court and ensuring that all parties receive their copies. This is a crucial part of the process to ensure that everyone is informed and that the case can proceed without delays.
The Michigan Complaint Divorce form is a legal document used to initiate divorce proceedings in the state of Michigan. This form outlines the basic information about the parties involved, their marriage, and any children they may have. It serves as the official request to the court to dissolve the marriage and includes details such as residency requirements, grounds for divorce, and arrangements for property and child custody.
Both the plaintiff and the defendant must provide information on the form. The plaintiff is the person initiating the divorce, while the defendant is the other spouse. It is essential for both parties to ensure that the information provided is accurate and complete, as this will affect the court's decisions regarding the divorce.
The form requires various details, including:
Providing accurate information is crucial, as it impacts the court's review and any subsequent decisions.
Once the Michigan Complaint Divorce form is submitted to the court, the court will review the document for completeness and compliance with legal requirements. A hearing may be scheduled to discuss the terms of the divorce, including custody arrangements and property division. Both parties may be required to attend this hearing to present their cases.
Yes, modifications can be made to the Complaint Divorce form after submission, but it typically requires additional steps. If changes are necessary, the party seeking the modification must file an amended complaint with the court. It is advisable to consult with an attorney to ensure that the changes are properly documented and submitted to avoid delays in the divorce process.
Incomplete Information: Failing to fill out all required fields can lead to delays. Ensure every section is completed, including names, addresses, and dates.
Incorrect Residency Information: Misstating residency can result in the court dismissing the complaint. Verify that both parties meet the residency requirements of 180 days in Michigan and 10 days in the county.
Missing Signatures: Not signing the form can halt the process. Both parties must sign the complaint before submission.
Omitting Children’s Information: If there are minor children, failing to include their details can complicate custody arrangements. List all children and their relevant information.
Incorrect Dates: Providing wrong marriage or separation dates can lead to confusion. Double-check these dates for accuracy.
Not Notarizing the Document: A lack of notarization may invalidate the complaint. Ensure the form is notarized as required before submission.
Ignoring Property Division: Not addressing how property will be divided can lead to future disputes. Clearly state any agreements regarding property and debts.
Failure to Disclose Other Legal Proceedings: Not mentioning any ongoing legal actions can result in complications. Disclose any other relevant proceedings involving the parties or children.
Inconsistent Information: Providing conflicting details between sections can create confusion. Ensure that all information is consistent throughout the form.
Not Keeping Copies: Failing to keep copies of the submitted forms can lead to issues later. Always make copies for your records before filing.
The Michigan Complaint Divorce form serves as a foundational document in the divorce process, outlining the necessary details regarding the parties involved and the grounds for divorce. In addition to this form, several other documents are commonly required to ensure a smooth legal proceeding. Each of these documents plays a crucial role in addressing various aspects of the divorce, from custody arrangements to financial obligations.
These documents collectively facilitate the divorce process, ensuring that all legal requirements are met and that the interests of both parties, especially if children are involved, are adequately addressed. Understanding each form's purpose can help individuals navigate the complexities of divorce more effectively.
The Michigan Complaint Divorce form shares similarities with the Petition for Divorce, which is often the initial document filed in divorce proceedings. Both documents serve the purpose of formally requesting the court to dissolve a marriage. They require the same basic information, such as the names and addresses of both parties, the date of marriage, and the grounds for divorce. However, the Petition for Divorce may include additional details about the reasons for the divorce and the specific relief sought by the petitioner.
Another related document is the Summons, which is filed alongside the Complaint for Divorce. The Summons notifies the other party of the divorce proceedings and provides them with the necessary information about how to respond. While the Complaint outlines the details of the divorce, the Summons emphasizes the legal obligation for the defendant to appear in court and address the claims made against them.
The Affidavit of Service is another document that complements the Complaint for Divorce. This affidavit proves that the defendant has been properly served with the divorce papers. It includes details about how and when the documents were delivered. Without this affidavit, the court may not proceed with the case, as it is crucial to ensure that both parties are aware of the ongoing legal action.
The Financial Disclosure Statement is also essential in divorce cases, as it requires both parties to disclose their financial situations. This document is important for determining issues like property division and spousal support. While the Complaint for Divorce may mention property and financial matters, the Financial Disclosure Statement provides a more comprehensive overview of each party's assets, debts, income, and expenses.
In addition, the Child Custody Affidavit is similar in that it addresses matters related to minor children involved in the divorce. This document outlines each parent's current and past involvement with the children, their living arrangements, and any other relevant custody issues. While the Complaint for Divorce mentions children, the Child Custody Affidavit delves deeper into the specifics of custody arrangements and the best interests of the children.
The Marital Settlement Agreement is another related document that often arises during divorce proceedings. This agreement outlines how the couple intends to divide their assets, debts, and responsibilities regarding any children. While the Complaint for Divorce initiates the process, the Marital Settlement Agreement serves as a resolution to many of the issues raised in the Complaint, making it a crucial component of the divorce process.
The Parenting Plan is closely related to the Child Custody Affidavit, as it lays out the specific arrangements for the care and custody of children after the divorce. This document details visitation schedules, decision-making responsibilities, and other relevant parenting issues. While the Complaint for Divorce addresses the existence of children, the Parenting Plan provides a structured approach to their ongoing care and support.
The Notice of Hearing is another document that is often filed in conjunction with the Complaint for Divorce. This notice informs both parties of the scheduled court hearings related to the divorce case. It is essential for ensuring that both parties are aware of important dates and can prepare adequately for court appearances. The Notice of Hearing helps maintain transparency throughout the divorce process.
Lastly, the Judgment of Divorce is the final document that concludes the divorce proceedings. It formalizes the court's decision regarding the dissolution of the marriage and addresses all outstanding issues, including property division, custody, and support. While the Complaint for Divorce initiates the process, the Judgment of Divorce represents the culmination of all discussions and agreements made throughout the case.
When filling out the Michigan Complaint Divorce form, it’s important to be careful and thorough. Here are seven things you should and shouldn't do:
This is not true. While the form does include sections regarding minor children, it can also be used by couples without children. The process for divorce remains the same regardless of whether children are involved.
Filing this form is just the beginning of the divorce process. It sets the legal proceedings in motion, but the timeline for finalizing a divorce can vary greatly based on numerous factors, including court schedules and whether both parties agree on terms.
While having legal representation can be beneficial, it is not a requirement. Individuals can represent themselves in divorce proceedings. However, it is advisable to understand the legal implications and processes involved.
In reality, several documents may be required throughout the divorce process. This includes financial disclosures and potentially a property settlement agreement. Each case is unique, and additional paperwork may be necessary to finalize the divorce.
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