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Michigan Complaint Divorce Form

The Michigan Complaint Divorce form is a legal document used to initiate divorce proceedings in the state of Michigan. This form outlines the necessary information regarding the marriage, including the parties involved, residency requirements, and any minor children. Completing this form accurately is essential for a smooth divorce process.

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Michigan Complaint Divorce Sample

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 -

⇓ PDF File

Instructions on Utilizing Michigan Complaint Divorce

After gathering the necessary information, you are ready to fill out the Michigan Complaint for Divorce form. This document is essential for initiating the divorce process in Michigan. Be sure to complete it accurately and thoroughly, as any errors may delay your case.

Begin by entering the court address and court telephone number at the top of the form.
Fill in the case number if you have one; otherwise, leave it blank.
Provide the plaintiff’s name, address, and telephone number(s).
Next, enter the defendant’s name, address, and telephone number(s).
If applicable, include the plaintiff’s attorney information, including bar number, address, and telephone number.
Similarly, add the defendant’s attorney information if there is one.
Confirm that there are no other pending or resolved actions involving the parties by checking the appropriate box.
State the marriage details including the date and location of the marriage, as well as the wife’s maiden name.
Indicate the date of separation from the defendant.
Specify whether there are any minor children from the marriage and list their names, dates of birth, and Social Security numbers.
Provide information about where the children currently reside and any previous custody proceedings.
Explain the breakdown of the marriage and confirm that the marriage cannot be preserved.
Detail any property owned by both parties and indicate that a Property Settlement Agreement will be executed.
Note that all issues regarding child custody and support will be resolved through the Separation and Property Settlement Agreement.
Conclude the form by stating the desired outcomes, including the dissolution of marriage, approval of the Property Settlement Agreement, and any requests for name restoration.
Sign and date the form at the bottom.
Finally, ensure that the form is notarized as required.

Once the form is completed and notarized, make the necessary 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. Submit the original to the court and keep the copies for your records. Following this, you will need to wait for further instructions from the court regarding your case.

Misconceptions

Understanding the Michigan Complaint Divorce form can be challenging, and several misconceptions often arise. Here are nine common misunderstandings about this important document:

Misconception 1: The form is only for couples with children.

This is not true. The Michigan Complaint Divorce form can be used by couples without children. It addresses various aspects of divorce, regardless of whether children are involved.

Misconception 2: You need a lawyer to fill out the form.

While having legal representation can be beneficial, it is not a requirement. Individuals can complete the form on their own, provided they understand the information required.

Misconception 3: Filing the form guarantees a quick divorce.

Filing the Complaint for Divorce is just the beginning of the process. The timeline for a divorce can vary significantly based on many factors, including court schedules and whether both parties agree on terms.

Misconception 4: You must be separated for a specific time before filing.

In Michigan, there is no mandatory separation period before filing for divorce. However, the form does require that the marriage has broken down irretrievably.

Misconception 5: The form is the same for all counties in Michigan.

While the core content is similar, specific requirements or additional forms may vary by county. It’s essential to check local court rules for any variations.

Misconception 6: You cannot change the form once it is filed.

Changes can be made, but they often require additional paperwork and possibly a court hearing. It’s best to ensure all information is accurate before submission.

Misconception 7: The form can only be filed in person.

Many courts in Michigan allow for electronic filing of divorce documents. However, it’s advisable to confirm this option with the specific court where you plan to file.

Misconception 8: All property disputes must be resolved before filing.

While it’s beneficial to have a plan for property division, the form allows for the inclusion of a Property Settlement Agreement, which can be finalized after the divorce filing.

Misconception 9: The Complaint for Divorce is a final decision.

This form initiates the divorce process but does not finalize it. A court hearing will typically follow to address outstanding issues and finalize the divorce decree.

By clarifying these misconceptions, individuals can approach the divorce process with a better understanding of what the Michigan Complaint Divorce form entails.

Documents used along the form

When filing for divorce in Michigan, several additional documents may accompany the Complaint for Divorce. These documents help clarify the details of the case and ensure all necessary information is provided to the court. Below is a list of commonly used forms and documents.

Summons: This document notifies the defendant that a divorce action has been initiated against them. It includes information about the court and the time frame in which the defendant must respond.
Affidavit of Service: After the defendant has been served with the summons and complaint, this form is completed to confirm that service was properly executed, detailing how and when the documents were delivered.
Case Information Statement: This form provides the court with essential information about the case, including the names of the parties, the nature of the action, and any related cases. It helps streamline court processes.
Parenting Plan: If children are involved, this document outlines the proposed arrangements for custody, visitation, and child support. It aims to ensure the best interests of the children are prioritized.
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Property Settlement Agreement: This agreement details how the couple’s assets and debts will be divided. It is a crucial document for resolving financial matters without court intervention.
Financial Disclosure Statement: This form requires both parties to disclose their financial information, including income, expenses, assets, and liabilities. Transparency is vital for fair negotiations.
Motion for Temporary Relief: If immediate decisions regarding custody, support, or property division are needed before the divorce is finalized, this motion requests temporary orders from the court.
Judgment of Divorce: Once the divorce is finalized, this document officially dissolves the marriage and outlines the terms agreed upon regarding custody, support, and property division.

Each of these documents plays a significant role in the divorce process, ensuring that both parties are informed and that the court has all necessary information to make fair decisions. Properly completing and filing these forms is crucial for a smooth legal process.