The Michigan Complaint Divorce form is a legal document that officially initiates the divorce process within the state. This form outlines the necessary personal information of both spouses, the circumstances surrounding the marriage, and any children involved. Completing this form accurately is crucial for your divorce proceedings to move forward efficiently; start by filling out the form below.
The Michigan Complaint Divorce form serves as a critical legal document for individuals seeking to initiate a divorce within the state's judicial system. This form requires essential information about both parties, including their names, addresses, and contact details, thereby ensuring that the court can identify and communicate with all involved. It seeks to establish the residency requirements, confirming that both spouses have lived in Michigan for the stipulated duration prior to filing. The form also outlines the marriage details and provides space for the parties to declare any minor children and their current living arrangements. It addresses property matters, indicating whether there are assets or debts to divide or if these issues will be resolved through a Property Settlement Agreement. Additionally, the form emphasizes the necessity of an amicable resolution regarding custody and support, aiming to prioritize the children's welfare. Finally, it concludes with a request for the court to dissolve the marriage, demonstrating a commitment to follow the legal process for a dignified separation.
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 an essential step in initiating divorce proceedings. After completing the form, be prepared to file it with the court and provide copies to the involved parties as required. The following steps will guide you through the process of filling out the form accurately.
What is the purpose of the Michigan Complaint Divorce form?
The Michigan Complaint Divorce form initiates the legal process of obtaining a divorce. It outlines basic information about the parties involved, their marriage, any children, and the proposed division of property and assets. This form is filed with the court to formally request the dissolution of the marriage.
Who can file the Complaint for Divorce?
Either spouse can file the Complaint for Divorce, provided they have been a resident of Michigan for at least 180 days and have lived in the county where they file for at least 10 days before submitting the form. This requirement ensures that a court has jurisdiction to hear the case.
What information is required on the form?
The form requires several pieces of information, including:
What happens after filing the Complaint for Divorce?
Once the Complaint is filed, the defendant must be served with a copy of the paperwork. Following this, the court may schedule a hearing. Both parties can negotiate any agreements regarding child custody, support, and property division. If an agreement is reached, it can be submitted to the court for approval.
Can the complaint be modified after filing?
Yes, the complaint can be amended after it's filed, but both parties usually need to agree to any modifications. Factors leading to a change might include new information regarding child custody or property issues. It's recommended to notify the court of any changes as soon as they arise.
What should I do if I need help completing the form?
If assistance is needed when completing the Michigan Complaint Divorce form, individuals can seek help from legal professionals, especially if complex issues like property division or child custody are involved. There are also self-help resources available through local courts and legal aid organizations.
Filling out the Michigan Complaint Divorce form can be intimidating. One common mistake is failing to provide complete and accurate personal information. Plaintiffs must enter their own name, address, and telephone number accurately, as well as the Defendant's information. Incomplete forms can lead to delays in the process, so it’s crucial to double-check that all fields are filled in correctly. Missing details or typos might give the impression of negligence and could cause complications in court.
Another frequent error occurs in the residency requirement section. The form specifies that at least one party must have been a Michigan resident for at least 180 days and a resident of the County for at least the last 10 days before filing. Misunderstanding or misrepresenting the timeframe can lead to outright dismissal of the case. Careful attention to residency details not only strengthens the case but ensures compliance with state requirements.
People often overlook the importance of clarity regarding child custody and support. Section 6 requires information about minor children, including their names and birth dates. Errors or omissions here can lead to substantial issues later, especially concerning custody arrangements. Whether children are involved or not, all relevant details must be clearly stated to avoid unnecessary confusion.
Additionally, when addressing the status of marital property, many individuals mistakenly indicate that there are no assets to divide without fully considering all property. For example, if a couple shares household items or vehicles, failing to mention these could misrepresent the nature of the division, leading to complications in negotiations. It’s both imperative and fair that all property matters are addressed upfront in the Complaint.
Lastly, individuals sometimes neglect to sign and date the form correctly. A signature is essential for the court to recognize the Complaint. Notary acknowledgment is also required. Forgetting this step can nullify the filing. Make sure to read through everything carefully, and seek help if needed to ensure that all required signatures and dates are included.
When filing for a divorce in Michigan, several additional forms and documents may be required in conjunction with the Michigan Complaint Divorce form. These documents help facilitate the legal process and ensure that all necessary information is accurately presented to the court.
Understanding these documents can simplify the divorce process. It is crucial to have all necessary paperwork completed accurately and submitted on time to avoid delays. Seeking assistance from a qualified professional can provide clarity and guidance throughout this challenging time.
When filling out the Michigan Complaint for Divorce form, consider the following do's and don'ts:
The Michigan Complaint for Divorce form requires multiple copies: the original for the court, a second for the plaintiff, a third for the defendant, and a fourth for the Friend of the Court.
Ensure you have your personal information and that of your spouse correctly filled in, including names, addresses, and telephone numbers.
Before filing, verify that you have been a resident of Michigan for at least 180 days and of the county for at least 10 days.
Include statistical information about both parties such as date of birth, occupation, and employer details.
Document the date and location of the marriage and any separation that has occurred.
Indicate whether there are any minor children from the marriage, their names, dates of birth, and Social Security numbers.
Disclose any participation in previous child custody proceedings and any knowledge of related cases.
The form must address whether there has been a breakdown in the marriage and state that the marriage cannot be preserved.
Include information about jointly or individually owned property and any agreements about property settlement.
State how issues of child custody and support will be handled, ideally within a Property Settlement Agreement.
The plaintiff must sign the document and have it notarized to validate the complaint.
Hiv Report Format - All data collected serves to enhance future health services offered.
J30 Form - This form records stock issuance and transfers within a corporation.