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The Michigan Complaint Divorce form serves as a crucial document for individuals seeking to initiate the divorce process within the state. This form requires the plaintiff to provide essential information, including names, addresses, and contact details for both parties involved, as well as their respective attorneys. It establishes jurisdiction by confirming residency requirements, stating that both parties must have lived in Michigan for at least 180 days and in the relevant county for at least 10 days prior to filing. Additionally, the form outlines the basic facts of the marriage, including the date of marriage, date of separation, and whether there are any minor children from the union. If children are involved, the form necessitates information about their current living arrangements and any prior custody proceedings. The document also addresses property division and custody issues, indicating that the parties intend to resolve these matters through a Property Settlement Agreement. Ultimately, the plaintiff requests that the court dissolve the marriage and grant any further relief deemed appropriate, making this form a foundational step in the divorce process in Michigan.

Common mistakes

  1. Incomplete Information: Failing to provide all required details can lead to delays. Ensure that names, addresses, and other necessary information are filled out completely.

  2. Incorrect Residency Claims: Misrepresenting residency can result in rejection of the complaint. Verify that you meet the residency requirements of at least 180 days in Michigan and 10 days in the county.

  3. Omitting Child Custody Information: Not including details about minor children can complicate proceedings. Clearly state the names and birth dates of all children involved.

  4. Not Notarizing the Document: Neglecting to have the complaint notarized can invalidate the form. Ensure that you sign in front of a notary public before submission.

Preview - 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 -

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Documents used along the form

When filing for divorce in Michigan, several additional forms may be necessary to ensure that your case is handled smoothly. Each document serves a specific purpose, helping to clarify issues related to custody, support, and property division. Below is a list of commonly used forms alongside the Michigan Complaint Divorce form.

  • Summons: This document notifies the other party that a divorce action has been filed. It includes information about the court, the parties involved, and instructions on how to respond.
  • Horse Bill of Sale Form: For those engaged in equine transactions in Florida, the important Horse Bill of Sale documentation is vital for establishing proof of ownership transfer and sale details.
  • Affidavit of Service: After serving the Summons and Complaint, this form is completed to prove that the other party was properly notified of the divorce proceedings.
  • Child Custody Affidavit: If minor children are involved, this form provides the court with essential information about their living arrangements and custody history.
  • Parenting Time Order: This document outlines the schedule for visitation or parenting time, ensuring that both parents understand their rights and responsibilities regarding their children.
  • Financial Disclosure Statement: Both parties must disclose their financial information, including income, expenses, assets, and debts. This transparency is crucial for fair negotiations.
  • Property Settlement Agreement: This agreement details how the couple's assets and debts will be divided. It is typically submitted to the court for approval.
  • Motion for Temporary Orders: If immediate decisions are needed regarding custody, support, or property during the divorce process, this motion requests temporary arrangements until the final divorce decree is issued.
  • Final Judgment of Divorce: This is the court's official order that legally ends the marriage. It may include terms regarding custody, support, and property division as agreed upon by the parties or determined by the court.

Understanding these forms can help you navigate the divorce process more effectively. Each document plays a vital role in ensuring that your rights and interests are protected. Be sure to consult with a legal professional if you have questions or need assistance with any of these forms.

Similar forms

The Michigan Complaint Divorce form shares similarities with the Petition for Dissolution of Marriage, commonly used in other states. Both documents serve as the initial step in the divorce process, outlining the parties involved and their respective claims. They require basic information about the marriage, such as the duration and reasons for the dissolution, and often include details about children and property. Just like the Michigan form, the Petition for Dissolution aims to inform the court of the circumstances surrounding the marriage and what the filing party seeks from the divorce.

Another document that aligns closely with the Michigan Complaint Divorce form is the Divorce Decree. This is the final order issued by the court that legally ends the marriage. While the Complaint initiates the process, the Decree finalizes it, detailing how issues like custody, support, and property division will be handled. Both documents emphasize the need for clear communication of the parties’ intentions and agreements, ensuring that the court has all necessary information to make informed decisions.

The Affidavit of Support is another document that bears resemblance to the Michigan Complaint Divorce form. This affidavit is often required when one spouse seeks financial support from the other during the divorce proceedings. Similar to the Complaint, it requires a comprehensive disclosure of financial situations and responsibilities. Both documents aim to provide the court with a complete picture of the parties' circumstances to facilitate fair resolutions.

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The Child Custody Agreement is also akin to the Complaint for Divorce, particularly when minor children are involved. This agreement outlines the arrangements for custody, visitation, and support, mirroring the sections in the Complaint that address these issues. Both documents are essential for ensuring that the best interests of the children are prioritized during the divorce process, promoting a cooperative approach between the parents.

The Marital Settlement Agreement is another document that parallels the Michigan Complaint Divorce form. This agreement details how the couple will divide their assets and debts, similar to the property settlement mentioned in the Complaint. Both documents serve to clarify the terms of the divorce and aim to minimize disputes, ensuring that both parties understand their rights and obligations moving forward.

The Motion for Temporary Orders is yet another document that can be compared to the Michigan Complaint Divorce form. This motion is often filed alongside the Complaint to request immediate relief regarding custody, support, or property issues while the divorce is pending. Both documents are crucial for addressing urgent matters and ensuring that the parties have a clear framework for their responsibilities during the divorce process.

The Response to Complaint for Divorce is similar in that it allows the defendant to formally address the claims made in the Michigan Complaint Divorce form. This response provides the defendant an opportunity to agree, disagree, or provide additional information regarding the issues raised. Both documents are integral to the divorce proceedings, ensuring that both parties have a voice and that the court can consider all perspectives before making decisions.

The Notice of Hearing is another document that complements the Michigan Complaint Divorce form. It informs both parties of upcoming court dates related to the divorce proceedings. While the Complaint initiates the process, the Notice of Hearing ensures that both parties are kept informed and can prepare adequately for any hearings. This transparency helps to maintain an orderly process and encourages cooperation between the parties.

The Certificate of Divorce is similar in that it serves as a formal record of the divorce once it is finalized. This document is essential for legal purposes, such as changing names or updating marital status. Both the Certificate and the Complaint highlight the significance of documenting the divorce process, ensuring that all legal requirements are met and that both parties have access to necessary records.

Finally, the Parenting Plan is akin to the Michigan Complaint Divorce form, especially in cases involving children. This plan outlines how parents will handle custody, visitation, and decision-making responsibilities. Both documents emphasize the importance of prioritizing the children's needs and establishing a clear framework for co-parenting, thereby fostering a healthier environment for the children post-divorce.

Dos and Don'ts

When filling out the Michigan Complaint Divorce form, it is essential to approach the task with care and attention to detail. Here are five important things to do and avoid during this process:

  • Do ensure accuracy: Double-check all names, addresses, and dates. Accuracy is crucial to avoid delays.
  • Do provide complete information: Fill in all required sections thoroughly. Incomplete forms may be rejected by the court.
  • Do keep copies: Make copies of the completed form for your records. This will help you track your case.
  • Do seek assistance if needed: If you have questions, consider consulting a legal professional. They can provide valuable guidance.
  • Do file the form on time: Be aware of any deadlines for filing. Timeliness is important in legal proceedings.
  • Don't use unclear language: Avoid vague terms. Be specific in your statements to ensure clarity.
  • Don't forget to sign: Your signature is necessary. A missing signature can lead to processing issues.
  • Don't submit without reviewing: Take the time to review your form before submission. Errors can complicate the process.
  • Don't ignore court instructions: Follow any specific guidelines provided by the court. These instructions are important for proper filing.
  • Don't hesitate to ask for help: If you feel overwhelmed, reach out for support. Navigating legal forms can be challenging.

Key takeaways

Filling out and utilizing the Michigan Complaint Divorce form can be a complex process. Here are key takeaways to ensure a smoother experience:

  • Understand Residency Requirements: Both parties 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.
  • Complete All Sections: Ensure that all sections of the form are filled out completely, including personal details of both parties and any children involved.
  • Property and Debt Considerations: If there are assets or debts, a Property Settlement Agreement should be executed to address these issues without court intervention.
  • Child Custody Information: Clearly state custody arrangements and any relevant details about the children, including their current living situation.
  • Notarization Required: The form must be notarized. A notary will verify the identity of the person signing the complaint.
  • Multiple Copies Needed: Prepare multiple copies of the completed form: one for the court, one for the plaintiff, one for the defendant, and one for the Friend of the Court.
  • Check for Other Legal Actions: Confirm that there are no other pending or resolved legal actions involving the family that could affect the divorce proceedings.
  • Timing is Key: Be mindful of the timelines involved in filing and responding to the complaint to avoid delays in the process.
  • Legal Representation: Consider hiring an attorney to assist with the form and the divorce process, especially if there are complex issues involved.
  • Final Review: Before submitting, review the form thoroughly for accuracy and completeness to prevent unnecessary complications.

Taking these steps can help streamline the divorce process and ensure that all necessary information is provided to the court. Prompt action is essential to moving forward effectively.

How to Use Michigan Complaint Divorce

Once you have gathered the necessary information, you can proceed to fill out the Michigan Complaint Divorce form. This form is essential for initiating the divorce process in Michigan. It requires specific details about both parties and the marriage. Follow the steps below to complete the form accurately.

  1. Obtain the Form: Download or request a copy of the Michigan Complaint Divorce form from the court or online.
  2. Fill in the Court Information: At the top of the form, enter the name of the court, the case number (if known), and the court's address and telephone number.
  3. Provide Plaintiff Information: Fill in the Plaintiff's name, address, and telephone number. If represented by an attorney, include the attorney's name, bar number, address, and phone number.
  4. Provide Defendant Information: Similarly, enter the Defendant's name, address, and telephone number. Include the Defendant's attorney's information if applicable.
  5. Confirm Residency: Indicate that both parties have been residents of Michigan for at least 180 days and of the county for at least 10 days before filing.
  6. Enter Statistical Information: Complete the section with both parties' names, names prior to marriage, current addresses, dates of birth, occupations, and employers' names and addresses.
  7. Marriage Details: Provide the date and location of the marriage, including the wife's maiden name.
  8. Separation Date: State the date when the parties separated.
  9. Property Information: Indicate whether there is property to be divided and provide details if applicable.
  10. Children Information: List any minor children from the marriage, including their names, dates of birth, and Social Security numbers.
  11. Child Custody Details: Answer questions regarding the current living situation of the children, previous custody proceedings, and any other relevant information.
  12. Breakdown of Marriage: Confirm that there has been a breakdown in the marriage relationship.
  13. Property Settlement Agreement: State that a Property Settlement Agreement will resolve all property and debt issues.
  14. Custody and Support Issues: Mention that all issues regarding the care and custody of the children will be addressed in the Separation and Property Settlement Agreement.
  15. Relief Requested: Outline the specific relief being requested from the court, including the dissolution of marriage and approval of the Property Settlement Agreement.
  16. Sign and Date: The Plaintiff must sign and date the form. Ensure all information is accurate before submitting.
  17. Notarization: Have the form notarized, as required. This step confirms the authenticity of the signature.

After completing the form, make copies for your records and for the Defendant and Friend of the Court. Then, file the original complaint with the appropriate court. Following this, you will need to serve the Defendant with the filed documents to formally begin the divorce process.