The Michigan Complaint Divorce form is a legal document that initiates the divorce process in the state of Michigan. This form outlines the essential information about the parties involved, their marriage, and any children from the union. Completing this form is a crucial first step for individuals seeking to dissolve their marriage in the Family Division of the Circuit Court.
What is the purpose of the Michigan Complaint Divorce form?
The Michigan Complaint Divorce form is used to initiate a divorce proceeding in the state of Michigan. It outlines the details of the marriage, the parties involved, and the grounds for divorce. By filing this form, the Plaintiff formally requests the court to dissolve the marriage.
Who can file a Complaint for Divorce in Michigan?
Either spouse can file a Complaint for Divorce in Michigan. However, at least one spouse must have been a resident of Michigan for at least 180 days and a resident of the county where the complaint is filed for at least 10 days prior to filing.
What information is required in the form?
The form requires various details, including:
What should I do if there are minor children involved?
If there are minor children, the form requires you to provide their names, dates of birth, and current living arrangements. It is essential to address custody and support arrangements, which can be resolved through a Separation and Property Settlement Agreement.
What happens after I file the Complaint for Divorce?
Once the Complaint for Divorce is filed, the court will schedule a hearing. Both parties will receive a notice to appear. During this hearing, the court will review the details of the case, including any agreements regarding property division and child custody.
Can I request to restore my maiden name?
Yes, if you wish to restore your maiden name after the divorce, you can make that request in the Complaint for Divorce. The court will consider your request as part of the divorce proceedings.
What if my spouse does not agree to the divorce?
If your spouse does not agree to the divorce, the process may become more complicated. However, you can still proceed with the divorce by following the court's procedures. The court will ultimately make decisions regarding the divorce and any disputes that arise.
Are there any fees associated with filing the Complaint for Divorce?
Yes, there are typically filing fees associated with submitting the Complaint for Divorce. The exact amount can vary by county. It is advisable to check with the local court for the specific fees and any potential fee waivers if you qualify.
Understanding the Michigan Complaint Divorce form can be challenging, especially with the various myths surrounding it. Here are nine common misconceptions and clarifications to help you navigate this important document.
By addressing these misconceptions, individuals can approach the divorce process with a clearer understanding of what to expect. Always consider seeking professional advice to navigate the complexities of divorce effectively.
Failing to provide complete and accurate personal information for both parties, including names, addresses, and contact numbers.
Not indicating the correct residency duration in Michigan, which is a requirement for filing.
Leaving out essential details regarding the marriage, such as the date and location of the marriage.
Incorrectly stating the number of minor children or failing to list them altogether.
Omitting necessary information about the children's current living arrangements and custody history.
Not addressing property division properly, including neglecting to mention any joint or individual assets.
Failing to specify whether the plaintiff is requesting a name change after the divorce.
Not signing the form or failing to date the document before submission.
Overlooking the requirement for notarization, which is essential for the validity of the complaint.
Providing incomplete or inaccurate information in the Property Settlement Agreement section.
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 -
Ncl Parental Consent Form - This form can also reflect parental preferences regarding activities and their child's involvement.
For those looking to formalize their service agreements, the Florida Independent Contractor Agreement form is a critical resource that helps clarify expectations and responsibilities for both clients and contractors. To learn more about this useful document, you can refer to the important Independent Contractor Agreement guidelines.
How to File a Complaint With the Better Business Bureau - I am reporting a disconnect between online and in-store pricing.
How to Fill Out Passport Application - The form should be accompanied by a payment method for application fees.