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Blank Michigan Complaint Divorce Form

The Michigan Complaint Divorce form is a legal document used to initiate divorce proceedings in the state of Michigan. It outlines essential information about the parties involved, their marriage, and any children from the union. Completing this form is a crucial step for anyone seeking to legally dissolve their marriage in Michigan.

Outline

The Michigan Complaint Divorce form is a crucial document for individuals seeking to initiate the divorce process in the state. It serves as the formal request to the court for the dissolution of marriage and outlines essential information about both parties involved. This form requires the names, addresses, and contact details of both the plaintiff and the defendant, as well as their attorneys, if applicable. The complaint also confirms residency requirements, stating that at least one party must have lived in Michigan for at least 180 days and in the county where the complaint is filed for at least 10 days. In addition, the form addresses the marriage details, including the date of marriage and separation. It prompts the parties to disclose any minor children, their living arrangements, and any previous custody proceedings. Furthermore, the form includes sections for property division and the potential for a Property Settlement Agreement, which can simplify asset and debt distribution. Finally, it requests the court's approval for the divorce and any other relief deemed appropriate, making it a comprehensive starting point for the legal dissolution of marriage.

Sample - Michigan Complaint Divorce Form

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).

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	COMPLAINT FOR DIVORCE
COUNTY	Page 2 of 5 pages
FAMILY DIVISION
Court address		Court telephone no.

Plaintiff

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	Page 3 of	5 pages
COUNTY
FAMILY DIVISION
Court address			Court telephone no.

Plaintiff

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	COMPLAINT FOR DIVORCE
COUNTY	Page 4 of 5 pages
FAMILY DIVISION
Court address		Court telephone no.

Plaintiff

Defendant

and provided;

B.That the Property Settlement Agreement be approved by the Court;

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

prior to marriage, if any

Name

prior to marriage, if any

Current Address:

Date of Birth:

Occupation:

Employer’s

Name and Address:

Employer’s

Name and Address:

- 4 -

STATE OF MICHIGAN	COMPLAINT FOR DIVORCE	CASE NO.
JUDICIAL CIRCUIT	COMPLAINT FOR DIVORCE
COUNTY	Page 5 of 5 pages
FAMILY DIVISION
Court address		Court telephone no.

Plaintiff

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 -

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Form Information

Fact Name	Details
Governing Law	The Michigan Complaint for Divorce is governed by Michigan Compiled Laws (MCL) 552.6.
Residency Requirement	At least one spouse must have lived in Michigan for 180 days and in the county for 10 days before filing.
Form Copies	Five copies of the form are required: one for the court, one for the plaintiff, one for the defendant, one for the Friend of the Court, and one for return.
Minor Children	If applicable, the form requires information about any minor children from the marriage.
Property Settlement	The parties can agree on a Property Settlement Agreement to handle asset and debt division.
Separation Date	The form requires the date when the parties last lived together as husband and wife.
Name Restoration	The plaintiff may request to restore their maiden name as part of the divorce proceedings.
Notary Requirement	The form must be notarized to confirm the identity of the person filing the complaint.

Detailed Guide for Filling Out Michigan Complaint Divorce

Completing the Michigan Complaint Divorce form is an essential step in initiating the divorce process. After filling out the form, it will need to be filed with the appropriate court, and copies will be distributed to relevant parties. Below are the steps to guide you through filling out the form accurately.

Begin by entering the court information at the top of the form, including the court address and court telephone number.
Fill in the names, addresses, and telephone numbers of both the plaintiff and the defendant.
If applicable, include the names and contact information for both parties’ attorneys, including their bar numbers.
Indicate whether there are any other pending or resolved actions involving the family by checking the appropriate box.
In the section titled "Complaint for Divorce," write the name of the plaintiff and defendant as well as their relationship (Wife/Husband).
State the residency information for both parties, confirming that they have been residents of Michigan for at least 180 days and of the specified county for at least 10 days.
Provide statistical information about both parties, including their names, names prior to marriage, current addresses, dates of birth, occupations, and employers’ names and addresses.
Document the date and location of the marriage, along with the wife's maiden name.
Describe the duration of cohabitation and the date of separation.
Indicate whether there is any property to be divided between the parties.
If applicable, list any minor children from the marriage, including their names, dates of birth, and Social Security numbers.
Complete the section regarding child custody, including where the children currently reside and any previous custody proceedings.
Affirm that there has been a breakdown in the marriage relationship and that reconciliation is unlikely.
State that a Property Settlement Agreement will be executed to resolve all property and debt issues.
Outline any requests for the court, including the dissolution of marriage, approval of the Property Settlement Agreement, and any name restoration.
Sign and date the form at the bottom, ensuring that the plaintiff's signature is clearly indicated.
Finally, arrange for the form to be notarized, including the notary's signature and commission expiration date.

Obtain Answers on Michigan Complaint Divorce

What is the Michigan Complaint Divorce form?

The Michigan Complaint Divorce form is a legal document that initiates the divorce process in Michigan. It outlines the basic information about the marriage, the parties involved, and the reasons for seeking a divorce. This form is filed with the court to officially start the divorce proceedings.
Who can file a Complaint for Divorce in Michigan?

To file a Complaint for Divorce in Michigan, at least one spouse must have been a resident of the state for at least 180 days and a resident of the county where the complaint is filed for at least 10 days. This residency requirement ensures that the court has jurisdiction over the case.
What information is required on the form?

The form requires various details, including:
- Names and addresses of both spouses
- Date of marriage
- Date of separation
- Information about any minor children
- Details about property and debts
What if there are minor children involved?

If there are minor children, the form requires specific information about their living arrangements, custody, and any prior custody proceedings. It's crucial to be thorough and accurate, as this information will affect custody and support decisions.
Do I need an attorney to file this form?

While it is not mandatory to have an attorney to file a Complaint for Divorce, having legal representation can be beneficial. An attorney can help navigate the complexities of divorce law, ensure that all paperwork is completed correctly, and advocate for your interests in court.
What happens after I file the Complaint for Divorce?

After filing the form, the court will schedule a hearing. Both parties will need to be notified of the proceedings. During the hearing, the court will review the case and make decisions regarding custody, support, and property division, if necessary.
Can I restore my maiden name through this process?

Yes, if you wish to restore your maiden name, you can request this in the Complaint for Divorce. The court will consider your request and may grant it as part of the final divorce decree.
What is a Property Settlement Agreement?

A Property Settlement Agreement is a document that outlines how the couple's property and debts will be divided. It can address issues like the division of assets, debts, and any agreements regarding child custody and support. This agreement can simplify the divorce process by resolving these matters without court intervention.
Is there a fee to file the Complaint for Divorce?

Yes, there is typically a filing fee associated with submitting the Complaint for Divorce. The amount can vary by county, so it's important to check with the local court for the exact fee and any potential waivers if you cannot afford it.
What if I change my mind about the divorce?

If you decide to withdraw the Complaint for Divorce after filing, you can do so by submitting a request to the court. However, both parties must agree to this withdrawal, and it’s advisable to consult with an attorney to understand the implications of this decision.

Common mistakes

Filling out the Michigan Complaint Divorce form can be a daunting task, and several common mistakes can hinder the process. One frequent error is the failure to provide accurate information about residency. The form requires that at least one party has been a resident of Michigan for at least 180 days and of the county for at least 10 days before filing. Incomplete or incorrect residency details can lead to delays or even dismissal of the complaint.

Another mistake often made is neglecting to disclose all minor children involved in the marriage. The form specifically asks for information about minor children, including their names, dates of birth, and Social Security numbers. Omitting this information can create complications in custody arrangements and may affect the court's ability to make informed decisions regarding child support and visitation rights.

Additionally, many individuals overlook the importance of detailing the property and assets involved in the divorce. The form includes a section where parties must indicate whether they have property to be divided. Failing to address this can lead to misunderstandings later in the process. It is essential for both parties to be transparent about their assets and debts to ensure a fair settlement.

Finally, individuals sometimes forget to sign and date the form properly. A missing signature or an undated form can result in the court rejecting the submission. It is crucial to ensure that all required signatures are present and that the document is dated accurately to avoid unnecessary delays in the divorce proceedings.

Documents used along the form

When filing for divorce in Michigan, the Complaint for Divorce form is just one of several important documents involved in the process. Understanding these additional forms can help ensure that all necessary information is submitted correctly and in a timely manner. Below are four commonly used documents that often accompany the Complaint for Divorce.

Summons: This document notifies the defendant that a divorce action has been initiated against them. It includes essential information about the case, such as the court's name and address, and the time frame within which the defendant must respond to the complaint. The summons is served alongside the complaint to ensure the defendant is aware of the proceedings.
Affidavit of Service: This form is used to confirm that the defendant has been officially served with the Complaint for Divorce and Summons. It details how and when the documents were delivered, providing proof to the court that the defendant has been informed of the legal action. This is a crucial step in the divorce process, as it establishes that the defendant has been given proper notice.
Child Custody Affidavit: If there are minor children involved in the divorce, this affidavit is required. It outlines the current living arrangements and any existing custody agreements. The court uses this information to make informed decisions regarding custody and parenting time. This document ensures that the best interests of the children are taken into account during the divorce proceedings.
Property Settlement Agreement: This document is created to outline how the couple's assets and debts will be divided. It details the agreement reached by both parties regarding property distribution, spousal support, and other financial matters. Having this agreement in place can simplify the divorce process, as it reduces the need for court intervention in property disputes.

Each of these documents plays a vital role in the divorce process in Michigan. By understanding their purpose and ensuring they are completed accurately, individuals can navigate the complexities of divorce more effectively. This preparation can lead to a smoother transition during a challenging time.

Similar forms

Petition for Divorce: Similar to the Complaint for Divorce, this document initiates the divorce process. It outlines the reasons for the divorce and requests the court to dissolve the marriage.
Response to Divorce Complaint: This document is filed by the defendant in response to the Complaint for Divorce. It addresses the claims made by the plaintiff and may include counterclaims.
Child Custody Agreement: This document details arrangements for the custody of children involved in the divorce. Like the Complaint, it focuses on the welfare of the children and outlines parental responsibilities.
Property Settlement Agreement: This document is used to resolve property and debt issues between the parties. It is similar to the Complaint in that it seeks to clarify the division of assets and liabilities.
Motion for Temporary Orders: This document requests temporary arrangements regarding custody, support, and other matters while the divorce is pending. It shares the goal of addressing immediate needs, similar to the Complaint.
Divorce Decree: This is the final court order that officially ends the marriage. It includes the terms agreed upon in the Complaint and other related documents.
Financial Affidavit: This document provides a detailed account of a party's financial situation. It is similar to the Complaint as it helps the court understand the financial implications of the divorce.
Notice of Hearing: This document informs the parties of upcoming court dates related to the divorce proceedings. It serves a similar purpose to the Complaint by ensuring that all parties are aware of the process.

Dos and Don'ts

When filling out the Michigan Complaint Divorce form, it is essential to approach the task with care and attention to detail. Below is a list of actions to take and avoid during this process.

Do ensure that all information is accurate and up-to-date. This includes names, addresses, and dates.
Do include all required copies of the form for the court and other parties involved.
Do provide complete information about minor children, if applicable, including their names and dates of birth.
Do state clearly the grounds for divorce and any other relevant details that support your case.
Do seek assistance from a legal professional if you have questions about the process or the form.

Don't leave any sections blank unless instructed. Incomplete forms can delay the process.
Don't use vague language. Be specific in your statements to avoid misunderstandings.
Don't forget to sign and date the form. An unsigned form will not be accepted.
Don't submit the form without making copies for your records and for other parties involved.
Don't ignore deadlines. Ensure that you file the form within the required time frame to avoid complications.

Misconceptions

Misconceptions about the Michigan Complaint Divorce form can lead to confusion. Here are six common misunderstandings and clarifications to help you navigate this process more smoothly.

It can be filed without a lawyer. Many people think they can file the form without any legal assistance. While it is possible to file on your own, having a lawyer can help ensure that all details are correctly filled out and that your rights are protected.
All divorces require a court hearing. Some assume that every divorce case will go to court. However, if both parties agree on the terms, a hearing may not be necessary, allowing for a more straightforward process.
You must be separated for a specific time before filing. Many believe that a legal separation is required before filing for divorce. In Michigan, you do not need to be separated for a specific period; you can file as soon as you feel the marriage has irretrievably broken down.
Children must be present during the process. Some think that children must be involved in the divorce proceedings. In reality, children do not need to be present during the filing or court hearings, although their welfare is a significant consideration in custody arrangements.
The form is the same for all divorces. There is a misconception that one standard form fits all divorce cases. The Michigan Complaint Divorce form must be tailored to your specific situation, especially regarding property and child custody details.
Filing the form guarantees a quick divorce. Many believe that submitting the Complaint Divorce form will lead to a swift resolution. The timeline for a divorce can vary significantly based on the complexity of the case and whether both parties agree on the terms.

Understanding these misconceptions can help you approach the divorce process with clarity. If you have further questions, seeking professional guidance can provide peace of mind.

Key takeaways

When filling out the Michigan Complaint Divorce form, consider the following key points:

Multiple Copies Required: You will need to prepare several copies of the form. The original goes to the court, while copies are for the plaintiff, defendant, and the Friend of the Court.
Residency Requirements: Ensure that both parties have lived in Michigan for at least 180 days and in the county for at least 10 days before filing.
Statistical Information: Provide accurate details about both parties, including names, addresses, dates of birth, occupations, and employers.
Marriage Details: Include the date and location of the marriage, along with the wife's maiden name if applicable.
Separation Date: Clearly state the date when the couple separated.
Children Information: If there are minor children, list their names, dates of birth, and Social Security numbers.
Property Settlement Agreement: Indicate if a Property Settlement Agreement will be executed to address property and debt division.
Notary Requirement: The form must be notarized, confirming the identity of the person filing the complaint.

Completing this form accurately is important for a smooth divorce process. Take your time and ensure all information is correct before submission.