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Filing for divorce can be a daunting process, and understanding the necessary paperwork is crucial for anyone navigating this difficult time. In Michigan, the Complaint for Divorce form serves as the foundational document to initiate divorce proceedings. This form requires the plaintiff to provide essential information, including the names and addresses of both spouses, their attorneys, and details about their marriage, such as the date of marriage and the date of separation. It also addresses residency requirements, stipulating 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. If there are minor children involved, the form requires information about their living arrangements and any prior custody proceedings. Furthermore, the document outlines the division of property and debts, indicating whether the parties have reached a Property Settlement Agreement. Finally, the plaintiff requests specific relief, such as the dissolution of marriage and, if applicable, the restoration of a maiden name. Understanding these components is essential for ensuring that the divorce process proceeds smoothly and in accordance with Michigan law.

Form Example

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 Specs

Fact Name Details
Governing Law The Michigan Complaint for Divorce form is governed by the Michigan Compiled Laws (MCL) 552.6 and MCL 722.1209.
Residency Requirement At least one spouse must have resided in Michigan for a minimum of 180 days and in the filing county for at least 10 days prior to filing.
Copies Required The form requires multiple copies: one for the court, one for the plaintiff, one for the defendant, one for the Friend of the Court, and one for return.
Marriage Information The form must include details about the marriage, such as the date of marriage and the maiden name of the wife, if applicable.
Minor Children If there are minor children, the form requires information about their names, dates of birth, and current custody arrangements.
Property Settlement The parties can agree to a Property Settlement Agreement, which resolves all property and debt issues without the court's intervention.
Name Restoration The plaintiff may request the restoration of their maiden name as part of the divorce proceedings, though it is not mandatory.
Notary Requirement The form must be signed in front of a notary public, who will verify the identities of the parties involved in the divorce.
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