The Michigan Complaint Divorce form is a legal document used to initiate the divorce process in Michigan. This form outlines the basic information about the parties involved, their marriage, and any children or property associated with the marriage. Completing this form is a crucial first step for individuals seeking to dissolve their marriage.
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The Michigan Complaint Divorce form is a legal document filed by one spouse (the Plaintiff) to initiate divorce proceedings against the other spouse (the Defendant). This form outlines the reasons for the divorce and provides necessary information about both parties, including residency, marriage details, and any children involved.
Only the spouse who is seeking the divorce needs to file the Complaint Divorce form. This individual must be a resident of Michigan for at least 180 days and have lived in the county where they are filing for at least 10 days prior to submitting the form.
The form requires several pieces of information, including:
Once the Complaint Divorce form is filed with the court, the Defendant must be served with a copy of the complaint. This officially notifies them of the divorce proceedings. Following this, the court may schedule hearings to address issues such as child custody, support, and property division.
No, the Complaint Divorce form is designed for one spouse to file against the other. However, both parties can agree to a mutual divorce and may file additional documents together, such as a Property Settlement Agreement.
If there are minor children, the form requires specific information about their living arrangements and any existing custody arrangements. The court will prioritize the best interests of the children when making decisions regarding custody and support.
A Property Settlement Agreement is not strictly required, but it is highly recommended. This agreement helps resolve issues related to property division and debts, allowing the couple to avoid court intervention on these matters.
If you wish to restore your maiden name after the divorce, you can request this in the Complaint Divorce form. If you do not wish to change your name, you can simply indicate that on the form.
To ensure accuracy, it is advisable to review the form carefully before submission. Consulting with a legal professional can also provide guidance and help clarify any questions you may have about the process.
When filing for divorce in Michigan, the Complaint for Divorce form is just one of several important documents that may be required. Understanding these additional forms can help ensure a smoother process. Below is a list of commonly used documents that accompany the Complaint for Divorce.
Each of these documents plays a crucial role in the divorce process. It is advisable to ensure that all forms are filled out accurately and submitted in a timely manner to avoid delays. Proper preparation can help facilitate a more efficient resolution to the divorce proceedings.
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
- 2 -
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: ____________________
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Filling out the Michigan Complaint Divorce form can be a daunting task. Many individuals make common mistakes that can lead to delays or complications in the divorce process. Here are five frequent errors to avoid.
One significant mistake is incomplete information. Applicants often fail to provide all required details, such as the full names, addresses, and contact information for both parties. Each section of the form must be filled out accurately. Missing information can result in the court rejecting the form or requiring additional documentation, which prolongs the process.
Another common error is incorrect residency statements. The form requires that the plaintiff and defendant have been residents of Michigan for specific periods. If either party does not meet these residency requirements, the court may dismiss the complaint. It is essential to double-check that all residency claims are accurate and verifiable.
Additionally, individuals often neglect to address child custody and support issues properly. When there are minor children involved, it is crucial to provide complete and correct information regarding their living arrangements and any previous custody proceedings. Incomplete or inaccurate details can complicate custody decisions and lead to further legal disputes.
Some people mistakenly overlook the necessity of a Property Settlement Agreement. This agreement outlines how property and debts will be divided between the parties. Failing to mention this agreement or not having one prepared can create confusion and lead to the court having to intervene in property matters, which can be avoided with proper planning.
Finally, not signing or dating the form is a frequent oversight. The complaint must be signed by the plaintiff and dated appropriately. A missing signature can invalidate the entire form, causing delays in the divorce proceedings. Always ensure that the document is signed and dated before submission.
Petition for Legal Separation: Similar to the Complaint for Divorce, this document initiates a legal process for couples who wish to live apart without terminating their marriage. It outlines the reasons for separation and addresses issues like child custody and property division.
Child Custody Complaint: This document focuses specifically on the custody of children in a divorce or separation scenario. It details the living arrangements and parental responsibilities, similar to how the divorce complaint addresses custody matters.
Motion for Temporary Orders: This document requests immediate court orders regarding child support, custody, or property during the divorce process. It mirrors the Complaint for Divorce by addressing urgent matters that arise before the final decree.
Property Settlement Agreement: This document outlines how assets and debts will be divided between spouses. It is similar to the Complaint for Divorce, as both documents deal with the distribution of property and financial obligations.
Divorce Decree: This is the final order from the court that officially ends the marriage. It is closely related to the Complaint for Divorce, as it is the outcome of the proceedings initiated by the complaint.
Affidavit of Financial Disclosure: This document requires both parties to disclose their financial information. It complements the Complaint for Divorce by ensuring transparency about finances during the divorce process.
Request for Mediation: This document seeks to resolve disputes through mediation rather than litigation. It is similar to the Complaint for Divorce in that both aim to address and resolve issues arising from the marriage.
Notice of Hearing: This document informs parties of upcoming court hearings related to the divorce. It serves a similar purpose to the Complaint for Divorce by ensuring all parties are aware of the proceedings.
Post-Divorce Modification Request: This document is used to request changes to custody, support, or visitation arrangements after the divorce is finalized. It relates to the Complaint for Divorce by addressing ongoing issues that may arise from the initial divorce decree.
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