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The Michigan Complaint Divorce form is a crucial document for anyone looking to initiate a divorce in the state. This form requires detailed information about both spouses, including their names, addresses, and contact details. It also captures essential facts about the marriage, such as the date of marriage and the date of separation. One significant aspect of this form is the requirement for both parties to confirm their residency in Michigan for a specified duration before filing. Additionally, the form addresses any minor children involved, outlining their current living arrangements and any prior custody proceedings. It also specifies how property and debts will be handled, often through a Property Settlement Agreement, which aims to simplify the process by resolving these issues outside of court. Lastly, the form concludes with a request for the court to dissolve the marriage and may include a request for the restoration of a maiden name, if applicable. Understanding these components is essential for ensuring a smooth filing process and setting the stage for the subsequent steps in a divorce case.

Dos and Don'ts

When filling out the Michigan Complaint Divorce form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things to do and avoid during this process.

  • Do provide accurate and complete information for both parties, including names, addresses, and contact details.
  • Do verify residency requirements to confirm that both parties have lived in Michigan for at least 180 days and in the relevant county for at least 10 days.
  • Do include details about any minor children, including their names and dates of birth.
  • Do state whether there are any pending or resolved actions related to child custody or divorce.
  • Don't leave any sections blank. Incomplete forms may lead to delays or rejection.
  • Don't provide false information. All statements should be truthful to avoid legal consequences.
  • Don't forget to sign the document. A missing signature can invalidate the form.
  • Don't ignore the requirement for notarization. The form must be notarized before submission.

Michigan Complaint Divorce Sample

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

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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 -

Listed Questions and Answers

  1. What is the Michigan Complaint Divorce form?

    The Michigan Complaint Divorce form is a legal document that initiates the divorce process in Michigan. It outlines the reasons for the divorce, information about the parties involved, and any minor children if applicable. This form must be filed with the court to officially start the divorce proceedings.

  2. Who can file a Complaint for Divorce in Michigan?

    To file a Complaint for Divorce in Michigan, at least one spouse must have been a resident of the state for a minimum of 180 days and a resident of the county where the complaint is filed for at least 10 days. This residency requirement ensures that the court has jurisdiction over the case.

  3. What information is required on the form?

    The form requires detailed information about both spouses, including:

    • Full names and addresses
    • Date of birth and occupation
    • Details about the marriage, including the date and location
    • Information about minor children, if any, including their names and dates of birth

    Providing accurate information is crucial, as it impacts the court's decisions regarding custody, property division, and other matters.

  4. What happens after filing the Complaint for Divorce?

    Once the Complaint for Divorce is filed, the other spouse (the Defendant) must be served with the complaint and given an opportunity to respond. If both parties agree on the terms of the divorce, they can proceed with a settlement agreement. If there are disputes, the court may schedule hearings to resolve the issues.

  5. Can I restore my maiden name through this form?

    Yes, the Complaint for Divorce includes an option for the wife to request the restoration of her maiden name. If this is desired, it should be clearly indicated on the form. If no request is made, the name will remain unchanged after the divorce.

Form Overview

Fact Name Description
Residency Requirements Both the Plaintiff and Defendant must have been residents of Michigan for at least 180 days and residents of the county where the complaint is filed for at least 10 days prior to filing.
Filing Copies The Complaint for Divorce must be filed in multiple copies: one for the court, one for the Plaintiff, one for the Defendant, one for the Friend of the Court, and one for return.
Legal Grounds The complaint must state that there has been a breakdown in the marriage relationship, indicating that the marriage cannot be preserved.
Governing Law This form is governed by Michigan Compiled Laws (MCL) 722.1209, which outlines custody proceedings and related matters.