Blank Michigan Complaint Divorce PDF Form Edit Document

Blank Michigan Complaint Divorce PDF Form

The Michigan Complaint Divorce form is a legal document used to initiate a divorce proceeding in the state of Michigan. This form outlines essential details about both parties, including their residency, marriage history, and any minor children involved. Completing this form accurately is crucial for a smooth divorce process, so be sure to fill it out by clicking the button below.

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In the journey of navigating a divorce, the Michigan Complaint Divorce form serves as a pivotal document, outlining essential information and legal requirements for initiating the process. This form is structured to capture the details of both parties involved, including their names, addresses, and contact information, ensuring that all pertinent parties are identified. It also requires the plaintiff to affirm residency in Michigan for a specified period, which is crucial for jurisdictional purposes. The form addresses the marital history of the couple, including the date of marriage and separation, while also detailing any minor children involved, including their living arrangements and custody considerations. Furthermore, it encompasses provisions for property division, indicating whether the parties possess shared assets or debts. The importance of a Property Settlement Agreement is highlighted, as it allows the couple to resolve financial matters amicably without court intervention. Lastly, the form concludes with a request for the dissolution of marriage and any additional relief the court may deem appropriate, marking a significant step towards closure and a new beginning.

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).

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 -

Document Breakdown

Fact Name Details
Residency Requirement Both the Plaintiff and Defendant must have been residents of Michigan for at least 180 days and of the county for at least 10 days before filing the Complaint.
Filing Copies The Complaint for Divorce requires multiple copies: the original for the court, a copy for the Plaintiff, a copy for the Defendant, and a copy for the Friend of the Court.
Legal Basis This form is governed by Michigan Compiled Laws (MCL) 552.6, which outlines the procedures for filing for divorce in Michigan.
Child Custody Information The form requires details about minor children, including their residence and any prior custody proceedings, ensuring the court has all relevant information.

Check out Other Forms

Misconceptions

Understanding the Michigan Complaint Divorce form is crucial for anyone navigating the divorce process. However, several misconceptions can lead to confusion. Here are eight common misunderstandings:

  • It’s only for couples with children. Many believe this form is exclusively for couples with minor children. In reality, it can be used by any couple seeking a divorce, regardless of whether they have children.
  • Filing the form guarantees a quick divorce. Some think that submitting the Complaint Divorce form will expedite the divorce process. However, the timeline can vary significantly based on court schedules and other factors.
  • All property disputes must be resolved before filing. There is a misconception that all property and debt issues must be settled before filing. The form allows for a Property Settlement Agreement to be executed later, which can simplify the process.
  • Only one party needs to sign the form. Many assume that only the plaintiff’s signature is required. Both parties must be aware of the proceedings, and if applicable, the defendant should also be notified.
  • The form is the same for all counties in Michigan. Some believe that the Complaint Divorce form is uniform across all counties. While the general structure is similar, specific requirements may vary by county.
  • You can file without legal representation. While it is possible to file the form without an attorney, many misunderstand the complexities involved. Legal representation can provide valuable guidance and increase the likelihood of a favorable outcome.
  • It’s not necessary to provide a reason for divorce. Some think that they can file without explaining the reason for the divorce. The form requires a statement about the breakdown of the marriage, which is essential for the court's understanding.
  • Once filed, the divorce cannot be contested. There is a belief that filing the Complaint Divorce form means the divorce is uncontested. In fact, the defendant has the right to respond, and disputes can arise even after the form is submitted.

Addressing these misconceptions is vital for ensuring a smoother divorce process. Understanding the requirements and implications of the Michigan Complaint Divorce form can help individuals navigate this challenging time more effectively.

Documents used along the form

When filing for divorce in Michigan, several other forms and documents may be needed alongside the Complaint for Divorce. Each of these documents serves a specific purpose in the divorce process. Below is a list of commonly used forms.

  • Summons: This document notifies the defendant that a divorce action has been initiated. It provides essential information about the case and the defendant's rights and obligations.
  • Affidavit of Service: This form confirms that the defendant has been officially served with the Complaint for Divorce and Summons. It details how and when the service occurred.
  • Motor Vehicle Power of Attorney: This form allows individuals to designate someone else to manage vehicle-related matters on their behalf, which can be particularly useful for those unable to handle these tasks personally. To learn more, visit txtemplate.com/motor-vehicle-power-of-attorney-pdf-template.
  • Parenting Plan: If there are minor children involved, a parenting plan outlines custody arrangements, visitation schedules, and responsibilities of each parent regarding the children.
  • Financial Disclosure Statement: Both parties must complete this document to provide a clear picture of their financial situation. It includes income, expenses, assets, and debts.
  • Property Settlement Agreement: This agreement outlines how the couple's assets and debts will be divided. It is crucial for resolving property issues without court intervention.
  • Motion for Temporary Orders: If immediate decisions regarding custody, support, or property are needed, this motion requests temporary orders from the court until the divorce is finalized.
  • Judgment of Divorce: This final document officially dissolves the marriage. It includes details about the divorce terms, such as custody, support, and property division.

Each of these documents plays a vital role in ensuring that the divorce process is handled fairly and legally. Understanding their purposes can help individuals navigate the complexities of divorce in Michigan.