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Filing for divorce can be a complex and emotional process, and understanding the necessary paperwork is crucial for a smooth transition. In Michigan, the Complaint for Divorce form is a key document that initiates the divorce proceedings. This form requires the plaintiff to provide essential information, including personal details about both spouses, such as their names, addresses, and contact information. The form also asks for specific residency information, confirming that at least one spouse has lived in Michigan for a minimum of 180 days and in the relevant county for at least 10 days prior to filing. It addresses the marriage history, including the date of marriage and any minor children involved. Additionally, the form outlines property ownership and the intention to resolve asset and debt issues through a Property Settlement Agreement. It is vital to note that the Complaint for Divorce asserts that there is no other pending legal action involving the family, ensuring that the court can focus solely on the divorce case. Lastly, the document concludes with a request for the court to dissolve the marriage and address any other relief deemed appropriate. Understanding these components can help individuals navigate the divorce process more effectively.

Key takeaways

  • Ensure that you have the correct copies of the Michigan Complaint for Divorce form. You will need the original for the court, a copy for yourself as the Plaintiff, a copy for the Defendant, and a copy for the Friend of the Court.

  • Verify residency requirements. Both the Plaintiff and Defendant must have lived in Michigan for at least 180 days and in the county where you are filing for at least 10 days prior to submitting the form.

  • Fill out all required personal information accurately. This includes names, addresses, telephone numbers, and other identifying details for both parties.

  • Clearly state the date and location of the marriage. This information is crucial for the court to process your divorce.

  • Disclose any children from the marriage. If there are minor children, provide their names, dates of birth, and Social Security numbers.

  • Address property and debt issues in your Complaint. Indicate whether you and your spouse have property to divide and mention any agreements you plan to execute regarding property settlement.

  • Sign and date the form in front of a Notary Public. This step is necessary to validate your Complaint for Divorce.

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Documents used along the form

When filing for divorce in Michigan, several additional forms and documents may accompany the Complaint for Divorce. Each of these documents serves a specific purpose in the divorce process, helping to ensure that all necessary information is provided to the court and that the rights of both parties are protected.

  • Summons: This document notifies the defendant that a divorce action has been initiated against them. It includes information on how to respond and the timeline for doing so.
  • Affidavit of Service: This form confirms that the defendant has been properly served with the divorce papers. It must be filed with the court to prove that the legal requirements for notification have been met.
  • Bill of Sale: A Formaid Org template helps in documenting the transfer of ownership for various items, providing reassurance and a clear record for both buyer and seller.
  • Child Custody and Parenting Time Order: If there are minor children involved, this document outlines custody arrangements and parenting time schedules. It is crucial for determining how parental responsibilities will be shared.
  • Property Settlement Agreement: This agreement details how the couple will divide their assets and debts. It is essential for resolving financial matters without the need for court intervention.
  • Financial Disclosure Statement: Both parties must provide a detailed account of their financial situation. This includes income, expenses, assets, and debts, ensuring transparency during the divorce process.
  • Motion for Temporary Orders: If immediate decisions are needed regarding custody, support, or property during the divorce proceedings, this motion requests temporary orders from the court.
  • Notice of Hearing: This document informs both parties of the date and time of any scheduled court hearings related to the divorce. It ensures that everyone is aware of the proceedings.
  • Parenting Plan: This document outlines how parents will make decisions regarding their children's welfare and how they will communicate about parenting issues. It is often required by the court.
  • Judgment of Divorce: This is the final document issued by the court that officially dissolves the marriage. It includes all terms agreed upon in the divorce, including custody, support, and property division.

Each of these documents plays a vital role in the divorce process in Michigan. It is important to ensure that all forms are completed accurately and submitted in a timely manner to facilitate a smoother resolution to the divorce proceedings.

Dos and Don'ts

Things to Do:

  • Provide accurate and complete information about both parties, including names, addresses, and contact details.
  • Ensure that you have been a resident of Michigan for at least 180 days and of the specific county for at least 10 days prior to filing.
  • Clearly state the number of minor children involved and provide their relevant details.
  • Sign the form in front of a Notary Public to validate the document.

Things Not to Do:

  • Do not leave any sections of the form blank; incomplete forms may be rejected.
  • Avoid providing false information or omitting important details.
  • Do not forget to make multiple copies of the completed form for all parties involved.
  • Refrain from filing if there is another pending legal action related to the divorce.

Common mistakes

Filling out the Michigan Complaint Divorce form can be challenging. Many people make mistakes that can delay the process or cause complications. Here are eight common errors to watch out for.

One frequent mistake is failing to provide complete information about both parties. This includes names, addresses, and telephone numbers. If any of this information is missing, the court may not be able to process the complaint effectively. Always double-check that all fields are filled in accurately.

Another common error is not confirming residency requirements. The form states that both parties must have been residents of Michigan for at least 180 days and of the county for at least 10 days. Ignoring this requirement can lead to a dismissal of the case.

People often overlook the necessity of specifying the date of marriage and the date of separation. This information is crucial for the court to understand the timeline of the marriage. If these dates are incorrect or missing, it could raise questions about the validity of the complaint.

Additionally, some individuals mistakenly indicate that there are no children when, in fact, there are minor children involved. It is important to provide accurate information about any children, including their names and dates of birth. This helps in addressing custody and support issues later on.

Another common oversight is neglecting to state whether there is a Property Settlement Agreement. The form requires parties to mention if they have resolved property and debt issues. Failing to do so can lead to complications during the divorce proceedings.

Some people forget to indicate whether they want a name restoration for the wife. This decision should be clearly stated in the form to avoid confusion later. If no name restoration is requested, that should also be explicitly noted.

Moreover, individuals sometimes fail to sign the form or provide the date of signing. A signature is essential for the court to accept the complaint. Without it, the form may be deemed incomplete.

Lastly, many overlook the importance of having the form notarized. Notarization is a requirement for the complaint to be valid. If this step is missed, the court may reject the filing.

By being aware of these common mistakes, individuals can help ensure a smoother divorce process in Michigan. Careful attention to detail can make a significant difference in the outcome of the case.

File Characteristics

Fact Name Fact Description
Governing Law The Michigan Complaint for Divorce is governed by the Michigan Compiled Laws (MCL) 552.6.
Residency Requirement At least one party must have resided in Michigan for a minimum of 180 days before filing.
County Requirement The filing party must have lived in the specific county for at least 10 days prior to filing.
Copies Required The form requires four copies: one for the court, one for the plaintiff, one for the defendant, and one for the Friend of the Court.
Minor Children If there are minor children, their names and birth dates must be included in the complaint.
Property Division The parties must state whether they have property to divide or if they will execute a Property Settlement Agreement.
Notary Requirement The complaint must be notarized to validate the signatures of the parties involved.
Separation Date The date of separation must be indicated in the complaint.
Restoration of Name The plaintiff may request the restoration of a maiden name as part of the divorce proceedings.
Final Relief The complaint concludes with a request for the court to dissolve the marriage and approve any agreements related to property and custody.

Form 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:

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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: ____________________

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