The Michigan Complaint Divorce form is a legal document filed by someone seeking to initiate the process of divorce within the state of Michigan. It outlines personal and marital information, the grounds for the divorce, arrangements regarding any minor children, assets, debts, and the desire for a divorce decree. This form serves as the essential first step in legally dissolving a marriage in Michigan's judicial system. If you're considering taking this step, click the button below to start filling out your form.
Navigating through the complexities of divorce proceedings requires understanding the pertinent documentation, among which the Michigan Complaint for Divorce form stands as a crucial initial step in these legal waters. Tailored to initiate a divorce within the State of Michigan, this document encapsulates the fundamental details to be submitted to the court, including personal information about both parties involved (plaintiff and defendant), residency qualifications, and assertions regarding the breakdown of the marital relationship. It meticulously outlines the requirements for filing, such as the requisite residency duration in Michigan and the specific county, before lodging the complaint. Additionally, it delves into the distribution of property, addressing both marital and personal assets, the care and custody of any minor children born or adopted during the marriage, and potential settlements regarding these matters. The form also ensures compliance with Michigan's legal stipulations concerning prior or ongoing legal actions that may impact the divorce proceedings, including but not limited to child custody or protection orders. Completing this formal complaint involves a detailed declaration of the parties' current situations, the dissolution of their marital ties, and the arrangements for their post-divorce lives, setting the stage for the judicial system to assess and formalize the end of a marital union.
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
- 1 -
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
-3 -
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 -
Filling out the Michigan Complaint for Divorce form is a crucial step in beginning the legal process of obtaining a divorce within the state. This form, requiring detailed and accurate information, lays the groundwork for divorce proceedings and serves to inform the court of the basic facts of the marriage, including any children, property, and the reasons for seeking divorce. Given the significance of this document, it is essential to approach it with careful consideration, ensuring each section is completed fully and truthfully. Below are step-by-step instructions to guide you through filling out the form.
After you've completed the form, ensure that the correct number of copies are made and distributed accordingly: one for the court, one for yourself, one for your spouse (the defendant), one for the Friend of the Court (if minor children are involved), and one for record-keeping. The next steps involve officially filing the form with the appropriate county court. This act initiates the divorce process, leading to the court's consideration of your case. It is advisable to seek legal guidance for navigating subsequent steps, including serving the divorce papers on your spouse, which is crucial for the divorce proceedings to move forward.
This form functions as a formal request to the Michigan family court system to dissolve a marriage legally. It outlines critical information about both parties, the marriage, the grounds for divorce, property and debt distribution, child custody and support arrangements, and any other requests from the filing spouse (plaintiff) towards the court for resolving the marital relationship.
Any spouse seeking a divorce in the state of Michigan must fill out and submit this form to initiate the divorce process. It is a critical step for formally requesting the court's intervention to end a marital relationship legally.
Before filing the Complaint for Divorce, at least one spouse must have been a resident of Michigan for a minimum of 180 days and a resident of the county where the complaint is filed for at least 10 days prior to filing.
The form requires detailed information regarding:
After filing, the document must be officially served to the other spouse (defendant), informing them of the divorce proceedings. The defendant then has the opportunity to respond to the complaint. The court process continues with steps like temporary orders, discovery, settlement discussions, and possibly a trial or hearing, leading to a final judgment of divorce.
Yes, there is a mandatory waiting period in Michigan for a divorce to be finalized. For divorces without minor children, the period is 60 days from the filing date. For divorces involving minor children, the waiting period is 180 days. However, courts may waive part of the waiting period under certain circumstances.
While the form allows spouses to outline agreements on property division and child custody, these agreements must generally be approved by the court. Detailed arrangements and agreements are typically resolved through a Property Settlement Agreement or a Separation and Property Settlement Agreement, which should be in line with Michigan laws and require court approval.
While it is not mandatory to hire an attorney to file for divorce, navigating the legal requirements, ensuring the protection of your rights, and understanding the implications of agreements on property, debt, custody, and support often necessitate professional legal assistance. An attorney can provide valuable guidance and representation throughout the process.
Filling out the Michigan Complaint for Divorce form is a crucial step in the divorce process, but it can be complex. People often make mistakes, which can delay proceedings and affect the outcome. Understanding these common errors can help ensure a smoother process.
Errors on the Michigan Complaint for Divorce form not only cause delays but may also impact the legal rights of both parties. Paying attention to detail, providing complete and accurate information, and consulting with a legal professional if needed, can help avoid these common pitfalls.
When individuals embark on the process of filing for a divorce in Michigan, several documents must be prepared and submitted in conjunction with the Michigan Complaint for Divorce form. These documents are essential for providing the court with all necessary information to process the divorce. Below is a list of other forms and documents often used alongside the Michigan Complaint Divorce form, each briefly described to help understand their importance and role in the divorce proceedings.
Each of these documents plays a crucial role in ensuring the divorce process is conducted fairly and thoroughly. The filing and proper completion of these forms, alongside the Michigan Complaint for Divorce, allow for a smoother transition through what can be a difficult period. For accuracy and legal advice specific to individual situations, consulting with a legal professional familiar with Michigan's divorce laws is advised.
The Michigan Complaint for Divorce form is similar to other key legal documents that individuals might encounter when dealing with family law matters. Each of these documents serves a distinct purpose but shares commonalities in terms of structure, required information, and the legal process they facilitate.
Child Custody and Support Documents closely resemble the Michigan Complaint for Divorce form in several aspects. Like the divorce form, they require detailed personal information, including the names, addresses, and birthdays of all involved parties. Additionally, they mandate a comprehensive accounting of the children's living arrangements and any prior court proceedings related to custody or support. This similarity extends to the necessity of articulating the basis for the requested court action, whether it's seeking custody, establishing, or modifying child support. The clarity and detail needed in these documents ensure that all parties are well-informed and that the court can make a considered decision based on the children's best interests.
Property Settlement Agreements also share significant similarities with the Michigan Complaint for Divorce form. These agreements catalog the parties' assets and debts, proposing a division that the parties have agreed upon outside of court. Like the Complaint for Divorce, which outlines owned property and the intention to divide it, Property Settlement Agreements require a detailed listing and valuation of assets and liabilities. Both documents are pivotal in clarifying the financial aspects of a divorce, aiming to minimize disputes and ensure a fair distribution of marital property. Moreover, the court’s role in reviewing and approving these agreements mirrors its action in divorce proceedings, emphasizing their legal impact and the necessity for precision and thoroughness in their drafting.
Understanding these comparisons aids individuals in navigating the family law landscape, emphasizing the interconnected nature of legal documents within divorce proceedings. Recognizing the shared characteristics among these forms can demystify the legal process, providing clarity and a sense of preparedness to those involved.
When completing the Michigan Complaint for Divorce Form, certain practices should be adhered to ensure accuracy and compliance with legal standards. Below are seven dos and don'ts to consider:
Adhering to these guidelines will streamline the filing process, minimize the risk of delays, and help ensure that the divorce proceedings move forward in a timely and orderly manner.
When it comes to the Michigan Complaint for Divorce form, misconceptions can lead to unnecessary confusion and complications. Let's clarify some of the common ones.
Understanding these nuances is crucial for anyone going through the divorce process in Michigan. Navigating the legal aspects correctly helps ensure that all parties involved can move forward with a clearer understanding of the procedure and their rights.
Filing for divorce in Michigan involves a detailed process, which requires filling out and submitting specific legal documents. Among these, the Michigan Complaint for Divorce form plays a crucial role. Here are seven key takeaways to understand about this form and its use:
Understanding these key aspects of the Michigan Complaint for Divorce form can significantly impact the divorce process. Being thorough and accurate when completing this form is essential, as it forms the foundation of the divorce case presented to the court.
Lien Release California - Eliminates the risk of construction liens on property, securing clean and transferable property titles.
Michigan Unemployment Rules for Employers - Understanding the wage quarter system for benefits calculation is made easier with explanations provided in the UIA 1538 form.
3636A Michigan - Sections for payee information ensure that payments are directed to the correct entity and account, mitigating potential financial discrepancies.