The Michigan Complaint Divorce form is a legal document used to initiate divorce proceedings in the state of Michigan. This form outlines the essential details of the marriage, including residency requirements, information about children, and any property issues. Completing this form accurately is crucial for a smooth divorce process.
Filing for divorce can be a daunting process, and understanding the necessary paperwork is crucial to navigating this challenging time. In Michigan, the Complaint for Divorce form serves as the official document that initiates the divorce proceedings. This form requires essential information about both parties, including their names, addresses, and contact details. It is important to establish residency, as the form mandates 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. The form also outlines the marriage details, including the date of marriage and separation. If children are involved, the form requests information about their living arrangements and any previous custody proceedings. Additionally, it addresses the division of property and debts, indicating whether the parties have agreed to a Property Settlement Agreement. This document ultimately seeks the court's approval for the divorce, the property settlement, and any requests for name restoration. Understanding these components can help streamline the process and ensure that all necessary details are accurately presented to the court.
What is the purpose of the Michigan Complaint Divorce form?
The Michigan Complaint Divorce form serves as the official document to initiate a divorce proceeding in the state of Michigan. It outlines the basic information about both parties, the marriage, and the reasons for seeking a divorce. This form is essential for the court to understand the circumstances surrounding the marriage and to begin the legal process of dissolving it.
Who needs to fill out the Complaint Divorce form?
The form must be filled out by the plaintiff, who is the person filing for divorce. This individual can be either the husband or the wife. It’s important that the plaintiff provides accurate information about themselves, the defendant, and any children involved in the marriage. The defendant will also need to be served with a copy of this form once it is filed with the court.
What information is required on the form?
The form requires several key pieces of information, including the names and addresses of both the plaintiff and defendant, details about the marriage, and any minor children. Additionally, the plaintiff must indicate their residency status in Michigan and provide information about any property or debts that need to be addressed. This information helps the court in making informed decisions regarding custody, support, and property division.
How is the Complaint Divorce form submitted to the court?
Once the form is completed, the plaintiff must file it with the appropriate circuit court in Michigan. The original form is submitted to the court, while copies are provided to the defendant and the Friend of the Court. It’s crucial to keep track of these copies, as they serve as proof of the filing and are necessary for the divorce proceedings.
What happens after the form is filed?
After the Complaint Divorce form is filed, the court will schedule a hearing, and the defendant will need to be served with the divorce papers. The parties may then engage in negotiations regarding property division, custody, and support. If both parties reach an agreement, they can submit a Property Settlement Agreement to the court for approval. If they cannot agree, further court hearings may be necessary to resolve outstanding issues.
Ensure you have the correct copies of the Michigan Complaint Divorce form. You will need the original for the court, a copy for yourself, a copy for the defendant, and a copy for the Friend of the Court.
Fill out your personal information completely, including your name, address, and phone number. The same goes for the defendant.
Indicate whether you are the Plaintiff or Defendant clearly at the top of the form.
Confirm that both parties have lived in Michigan for at least 180 days and in the specific county for at least 10 days before filing.
Provide accurate details about your marriage, including the date and location of the marriage.
List any minor children involved, including their names and dates of birth. This is crucial for custody considerations.
State the current living arrangements of the children, specifying who they live with and for how long.
Be clear about whether there are any pending legal actions related to custody or domestic issues.
Address property division by stating whether you own any joint or individual property. A Property Settlement Agreement may be necessary.
Sign the form in front of a Notary Public to validate your complaint. This step is essential for the legal process.
This is not true. While the form includes sections for minor children, it can also be used by couples without children. The form accommodates various situations, ensuring that all necessary information is captured regardless of whether children are involved.
Filing the form is just the beginning of the divorce process. The timeline for a divorce can vary significantly based on factors like court schedules, whether both parties agree on terms, and any disputes that arise. Patience is often required.
While having legal representation can be beneficial, it is not a requirement. Individuals can complete the form on their own if they feel comfortable doing so. Resources are available to assist with understanding the process.
While accuracy is important, minor errors may not necessarily lead to rejection. Courts often allow for corrections or clarifications if issues arise. It’s best to ensure the information is as complete and accurate as possible, but perfection is not always required.
This form is crucial, but it is not the only document required. Depending on the circumstances, additional paperwork may be needed, such as a Property Settlement Agreement or financial disclosures. Understanding the full scope of required documents is essential for a smooth process.
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
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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
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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: ____________________
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Incomplete Information: Failing to provide all required personal details, such as the full names, addresses, and contact information for both parties can lead to delays.
Incorrect Residency Claims: Stating incorrect residency duration can result in the dismissal of the complaint. Both parties must have lived in Michigan for at least 180 days and in the county for 10 days before filing.
Omitting Children’s Information: Not including all minor children’s names, birth dates, and Social Security numbers can complicate custody and support arrangements.
Inaccurate Separation Date: Providing an incorrect date of separation can affect the division of assets and liabilities, as well as custody arrangements.
Failure to Disclose Other Proceedings: Not mentioning any other pending or resolved actions related to custody or divorce can lead to legal consequences.
Neglecting Property Details: Failing to accurately list all joint and individual property may result in disputes later. It's essential to be thorough in property descriptions.
Not Signing the Document: Forgetting to sign the complaint or having it notarized can render the filing invalid. Proper signatures are crucial for legal acceptance.
Ignoring Court Requirements: Not adhering to specific court requirements, such as filing multiple copies or following formatting guidelines, can lead to rejection of the complaint.
The Michigan Child Custody Complaint form is similar to the Michigan Complaint Divorce form in that both documents are used to initiate legal proceedings related to family law. Each form requires detailed information about the parties involved, including their names, addresses, and the nature of their relationship. The Child Custody Complaint also addresses the welfare of minor children, similar to how the Divorce Complaint considers child custody and support issues. Both forms aim to resolve disputes and establish legal frameworks for the future, ensuring that the best interests of children are prioritized in custody matters.
The Michigan Property Settlement Agreement is another document that shares similarities with the Complaint Divorce form. Both are utilized during divorce proceedings to address the division of property and debts between spouses. The Property Settlement Agreement outlines how assets and liabilities will be divided, which is a key consideration in the Divorce Complaint. While the Divorce Complaint may request the court's approval of such agreements, the Property Settlement Agreement serves as a detailed plan that both parties must agree upon, ensuring clarity and fairness in the separation process.
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The Michigan Spousal Support Agreement is another document that parallels the Complaint Divorce form. This agreement outlines the financial support one spouse may provide to the other after separation or divorce. Like the Divorce Complaint, it requires detailed information about both parties’ financial situations. The Spousal Support Agreement can be a critical component of the divorce proceedings, as it addresses one of the significant issues that arise during the dissolution of marriage, ensuring that both parties are treated fairly and equitably.
Finally, the Michigan Domestic Relations Judgment is similar to the Complaint Divorce form in that it represents the court's final decision regarding all issues raised during the divorce process. This judgment encompasses the terms of divorce, including custody, support, and property division. Both documents are essential in formalizing the divorce process, as the Domestic Relations Judgment is the outcome that resolves the issues presented in the Complaint Divorce. It provides a legally binding resolution that both parties must adhere to moving forward.