Fill Your Michigan Complaint Divorce Template

Fill Your Michigan Complaint Divorce Template

The Michigan Complaint Divorce form is a legal document that initiates the divorce process in the state of Michigan. This form outlines essential details about the marriage, including the parties involved, residency requirements, and any minor children. Completing this form accurately is crucial for a smooth divorce process; fill it out by clicking the button below.

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Filing for divorce can be a challenging and emotional process, but understanding the necessary paperwork can help simplify things. In Michigan, the Complaint for Divorce is a crucial document that initiates the divorce proceedings in the Family Division of the Circuit Court. This form requires specific information from both parties, including their names, addresses, and contact details, as well as details about their marriage, such as the date of marriage and the date of separation. The form also addresses residency requirements, stating that at least one spouse must have lived in Michigan for a minimum of 180 days and in the county where the complaint is filed for at least 10 days. Additionally, it covers issues related to minor children, if applicable, including their living arrangements and any prior custody proceedings. The Complaint for Divorce also allows the parties to outline how they plan to handle property division and child custody matters through a Property Settlement Agreement. Ultimately, this form serves as the foundation for the divorce process, helping to clarify the issues at hand and paving the way for a resolution that is fair and just for both parties involved.

Documents used along the form

When filing for divorce in Michigan, several forms and documents may accompany the Michigan Complaint Divorce form. Each of these documents serves a specific purpose in the divorce process, helping to clarify the situation and ensure that all necessary information is provided to the court.

  • Summons: This document notifies the defendant that a divorce action has been initiated against them. It outlines the time frame within which the defendant must respond to the complaint.
  • Affidavit of Service: This form confirms that the defendant has been officially served with the divorce papers. It includes details about how and when the service was completed.
  • Friend of the Court (FOC) Form: This form provides information about child custody, parenting time, and child support. It is essential for cases involving minor children.
  • Property Settlement Agreement: This document outlines how the couple plans to divide their assets and debts. It is often submitted to the court for approval as part of the divorce proceedings.
  • Child Custody and Parenting Time Order: If there are children involved, this order specifies the custody arrangements and visitation schedules agreed upon by both parties.
  • Motorcycle Bill of Sale Form: When transferring ownership of a motorcycle, make sure to utilize the essential Motorcycle Bill of Sale requirements for proper documentation.
  • Financial Disclosure Statement: This form requires both parties to disclose their financial information, including income, expenses, assets, and debts. This transparency is crucial for fair asset division and support determinations.
  • Notice of Hearing: This document informs both parties of the scheduled court hearing date and time for the divorce proceedings, ensuring that everyone is aware of the court's schedule.
  • Judgment of Divorce: This is the final order issued by the court that officially ends the marriage and outlines the terms of the divorce, including custody, support, and property division.

Having these documents prepared and submitted correctly can help streamline the divorce process. It is important to ensure that all required forms are completed accurately to avoid delays in the proceedings.

Document Preview Example

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 -

Guidelines on How to Fill Out Michigan Complaint Divorce

Filling out the Michigan Complaint Divorce form is a crucial step in the divorce process. Once you have completed the form, you will need to file it with the appropriate court. This form requires specific information about both parties, their marriage, and any children involved. Follow these steps to ensure you fill out the form correctly.

  1. Begin by entering the court address and court telephone number at the top of the form.
  2. Fill in the case number if you have one; otherwise, leave it blank for the court to assign.
  3. Provide the plaintiff's name, address, and telephone number in the designated sections.
  4. Next, fill in the defendant's name, address, and telephone number.
  5. If applicable, include the plaintiff's attorney's name, bar number, address, and telephone number.
  6. Do the same for the defendant's attorney if there is one.
  7. Indicate whether there are any other pending or resolved actions involving the family by checking the appropriate boxes.
  8. In the section titled Complaint for Divorce, write the name of the plaintiff and the defendant, and specify the relationship status.
  9. State the residency requirements, confirming that both parties have lived in Michigan for at least 180 days and in the specified county for at least 10 days.
  10. Provide the statistical information for both parties, including name, name prior to marriage, current address, date of birth, occupation, and employer's name and address.
  11. Document the date and location of the marriage, including the wife's maiden name.
  12. Describe the living situation of both parties and the date of separation.
  13. Indicate whether there is property to be divided and list any minor children, including their names and dates of birth.
  14. Complete the child custody information, including current residence and any previous custody proceedings.
  15. Assert that the marriage has irretrievably broken down and that there is no reasonable likelihood of reconciliation.
  16. Outline how property and custody issues will be resolved, mentioning the Property Settlement Agreement.
  17. Conclude with the plaintiff's requests for relief, including the dissolution of marriage and approval of the Property Settlement Agreement.
  18. Sign and date the form at the bottom.
  19. Finally, have the form notarized, ensuring that the notary public completes their section.

Similar forms

The Michigan Complaint Divorce form shares similarities with the Petition for Dissolution of Marriage, commonly used in various states. Both documents initiate the divorce process by formally requesting the court to end a marriage. They require detailed information about the parties involved, including their residency, marriage details, and any children. Just like the Complaint for Divorce, the Petition outlines the reasons for the divorce and may address issues such as property division and child custody, making it a crucial first step in the legal dissolution of marriage.

Another document akin to the Michigan Complaint Divorce form is the Child Custody Petition. This form is used when parents seek to establish custody arrangements for their children following a separation or divorce. Similar to the Complaint, it requires information about the parents, the children, and any previous custody proceedings. Both documents aim to ensure that the best interests of the children are prioritized, addressing living arrangements and visitation rights, which are often critical issues in divorce cases.

The Marital Settlement Agreement is also comparable to the Michigan Complaint Divorce form. While the Complaint initiates the divorce process, the Marital Settlement Agreement outlines the terms agreed upon by both parties regarding property division, debt allocation, and child custody. Both documents are essential in ensuring that all aspects of the divorce are legally recognized and enforced. They serve to clarify the responsibilities and rights of each party, helping to prevent future disputes.

Similar to the Complaint for Divorce is the Notice of Hearing form. This document informs both parties of the scheduled court hearing related to the divorce proceedings. It ensures that both the plaintiff and defendant are aware of important dates and can prepare accordingly. The Notice of Hearing is vital for maintaining transparency in the divorce process, just as the Complaint serves to formally alert the court of the intention to dissolve the marriage.

Understanding the various legal documents involved in family law can be daunting, yet it's vital for ensuring clear communication and proper adherence to legal procedures. For those engaged in transactions involving personal property, a crucial tool is the https://californiapdfforms.com/bill-of-sale-form/, which serves to establish ownership transfer and protect the rights of all parties involved, much like the necessity of proper documentation in family-related legal matters.

Lastly, the Financial Disclosure Statement bears resemblance to the Michigan Complaint Divorce form. This document provides a comprehensive overview of each party's financial situation, including income, expenses, assets, and debts. Like the Complaint, it is essential for the court to understand the financial implications of the divorce. Both documents help ensure that the court has the necessary information to make informed decisions regarding property division and support obligations.

Consider Common Documents

Misconceptions

Misconceptions about the Michigan Complaint Divorce form can lead to confusion for individuals navigating the divorce process. Below are some common misunderstandings along with clarifications.

  • It is not necessary to have an attorney. While individuals can file the form without legal representation, having an attorney can provide valuable guidance and ensure all requirements are met.
  • The form can be filed without residency requirements. Both parties must have lived in Michigan for at least 180 days and in the county where the complaint is filed for at least 10 days prior to submission.
  • All property must be divided through the court. If both parties agree, they can execute a Property Settlement Agreement to resolve property and debt issues outside of court intervention.
  • Children's custody issues are automatically resolved. The form does not automatically address custody arrangements; these must be detailed in a Separation and Property Settlement Agreement.
  • The form is only for uncontested divorces. While it is often used in uncontested cases, it can also be utilized in contested divorces, though additional steps may be required.
  • Filing the form guarantees a quick divorce. The timeline for a divorce can vary widely based on court schedules, complexity of the case, and whether both parties agree on terms.
  • Restoration of a maiden name is mandatory. Restoration of a maiden name is optional and can be requested or declined by the individual.

File Features

Fact Name Details
Governing Law The Michigan Complaint for Divorce form is governed by the Michigan Compiled Laws (MCL) 552.6 and MCL 722.1209.
Residency Requirement The Plaintiff and Defendant must have resided in Michigan for at least 180 days and in the county where the complaint is filed for at least 10 days.
Copies Required Four copies of the form are needed: one for the court, one for the Plaintiff, one for the Defendant, and one for the Friend of the Court.
Separation Date The form requires the date of separation, which is crucial for the divorce proceedings.
Minor Children If there are minor children, their names, dates of birth, and Social Security numbers must be included.
Property Settlement Agreement The parties must indicate whether they have property to divide and may execute a Property Settlement Agreement.
Notary Requirement The form must be notarized, confirming the identity of the parties involved.
Divorce Request The Plaintiff requests the dissolution of marriage and may seek restoration of a maiden name.
Final Relief The Plaintiff can request additional relief deemed just and equitable by the court.