The Michigan Complaint Divorce form is a legal document used to initiate divorce proceedings in the state of Michigan. This form outlines essential details about the marriage, including residency requirements, information about children, and property considerations. Completing this form accurately is crucial for ensuring that the divorce process proceeds smoothly through the court system.
The Michigan Complaint Divorce form is a crucial document for individuals seeking to initiate a divorce in the state. It serves as the official request to the court, outlining essential details about both spouses, including their names, addresses, and contact information. The form requires the plaintiff to affirm residency in Michigan for at least 180 days and in the specific county for at least 10 days before filing. Key information about the marriage, such as the date of marriage and the date of separation, must be included. If there are minor children involved, the form captures their names, dates of birth, and current living arrangements. Additionally, it addresses the division of property and debts, ensuring that both parties can agree on a Property Settlement Agreement. The plaintiff may also request the restoration of a maiden name. Finally, the form concludes with a prayer for relief, asking the court to dissolve the marriage and approve any agreements made. Each section is designed to provide the court with a comprehensive view of the situation, facilitating a smoother legal process.
When filling out the Michigan Complaint Divorce form, there are important dos and don’ts to keep in mind. Following these guidelines can help ensure that your form is completed correctly and submitted without unnecessary delays.
When filling out and using the Michigan Complaint Divorce form, consider the following key takeaways:
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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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Understanding the Michigan Complaint Divorce form is essential for anyone considering divorce. However, several misconceptions can lead to confusion. Here are nine common misunderstandings:
Addressing these misconceptions can help individuals navigate the divorce process more effectively, ensuring that they are better prepared for what lies ahead.