Homepage Printable Michigan Complaint Divorce Form in PDF

Michigan Complaint Divorce Preview

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 -

Documents used along the form

When initiating a divorce in Michigan, the Complaint for Divorce form is a crucial document. However, several other forms and documents may also be required to facilitate the process and ensure that all legal obligations are met. Below is a list of these essential forms, each serving a specific purpose in the divorce proceedings.

  • Summons: This document notifies the defendant that a divorce action has been filed against them. It includes important information about the case and outlines the defendant's rights and responsibilities in responding to the complaint.
  • Affidavit of Service: After the defendant has been served with the summons and complaint, this form is completed to confirm that the defendant received the documents. It is a sworn statement that provides proof of service to the court.
  • Child Custody Affidavit: If there are minor children involved, this affidavit provides the court with information regarding their living arrangements and any previous custody proceedings. It is essential for determining custody and visitation rights.
  • Property Settlement Agreement: This document outlines how the couple will divide their assets and debts. It is a mutual agreement that helps streamline the divorce process by addressing financial matters without court intervention.
  • Financial Disclosure Statement: This form requires both parties to disclose their financial situations, including income, expenses, assets, and debts. Transparency is vital in ensuring fair negotiations regarding support and property division.
  • Notice of Hearing: Once the divorce case is filed, a notice of hearing is often required to inform both parties of the scheduled court appearance. This ensures that everyone is aware of the timeline and can prepare accordingly.
  • Judgment of Divorce: This is the final order issued by the court that officially ends the marriage. It outlines the terms of the divorce, including custody arrangements, property division, and any support obligations.
  • Motor Vehicle Bill of Sale - This form serves as a crucial document that officially records the sale of a vehicle between two parties. It provides proof of purchase and establishes the transfer of ownership from the seller to the buyer. Essential details such as date of the sale, vehicle information, and signatures are included, ensuring the transaction is legally recognized. To learn more about this process, read more.
  • Request for Name Change: If one party wishes to revert to their maiden name following the divorce, this request must be filed. It is often included in the judgment of divorce for court approval.
  • Parenting Time Guidelines: If the couple has children, this document may outline the schedule for parenting time. It serves as a reference for both parties to ensure that the children's best interests are prioritized.

Understanding these forms and their purposes can significantly ease the emotional and logistical challenges of navigating a divorce. It is essential for both parties to approach this process with clarity and cooperation, ensuring that all necessary documentation is completed accurately and submitted on time.

Similar forms

  • Petition for Legal Separation: Similar to the Complaint for Divorce, this document initiates a legal process to separate a couple without dissolving the marriage. It outlines the reasons for separation, addresses custody issues, and can include property division. Like the divorce complaint, it requires details about both parties and their children, if applicable.

  • Child Custody Agreement: This document focuses specifically on the custody arrangements for children involved in a divorce. It outlines living arrangements, visitation schedules, and decision-making responsibilities. Much like the divorce complaint, it emphasizes the well-being of the children and requires detailed information about their current living situations.

  • Property Settlement Agreement: This document details how a couple will divide their assets and debts after separation or divorce. It is often included with a divorce complaint to streamline the process. Both documents require comprehensive information about the couple's financial situation and property ownership.

  • Last Will and Testament: This legal document outlines how a person's assets and responsibilities will be managed after their death, ensuring wishes are followed regarding property distribution and guardianship for minors. For more information, visit the Last Will page.
  • Motion for Temporary Orders: This document requests the court to issue temporary orders regarding custody, support, or property while the divorce is pending. Similar to the Complaint for Divorce, it seeks to address immediate needs and concerns of the parties involved, ensuring that essential issues are resolved before the final divorce decree.

Misconceptions

  • Misconception 1: The Michigan Complaint Divorce form is only for couples with children.
  • This form can be used by couples without children as well. It's designed for any couple seeking a divorce, regardless of whether they have kids.

  • Misconception 2: You must hire a lawyer to file the Complaint Divorce form.
  • While having a lawyer can help, it’s not required. Individuals can fill out and file the form themselves if they choose.

  • Misconception 3: The form guarantees an immediate divorce.
  • Filing the form is just the first step. There are still court procedures and waiting periods that must be followed before a divorce is finalized.

  • Misconception 4: You can submit the form without any supporting documents.
  • Some supporting documents may be needed, depending on your situation. It’s important to check what else might be required.

  • Misconception 5: The form is the same for all counties in Michigan.
  • While the general format is similar, some counties may have specific requirements or additional forms to complete.

  • Misconception 6: Once filed, you cannot change anything in the Complaint Divorce form.
  • Changes can be made, but it may require additional paperwork or court approval, depending on what needs to be updated.

  • Misconception 7: You must be separated for a certain period before filing.
  • In Michigan, you don’t have to be separated for a specific time before filing for divorce. You can file as soon as you decide to end the marriage.

  • Misconception 8: The form covers all aspects of divorce, including alimony and child support.
  • The form addresses basic divorce proceedings, but detailed agreements about alimony and child support will need to be worked out separately.

  • Misconception 9: You can file the form anywhere in Michigan.
  • You must file in the county where either spouse resides. Each county has its own court system, and it’s important to file in the correct location.

Understanding Michigan Complaint Divorce

  1. What is the purpose of the Michigan Complaint Divorce form?

    The Michigan Complaint Divorce form is a legal document used to initiate divorce proceedings in the state of Michigan. It serves as a formal request to the court to dissolve the marriage between the parties involved. This form outlines the basic information about the marriage, including the names and addresses of both spouses, the date of marriage, and any children involved. By filing this form, the plaintiff is asking the court to recognize the breakdown of the marriage and to grant a divorce.

  2. Who needs to file the Complaint Divorce form?

    The Complaint Divorce form must be filed by one spouse, known as the plaintiff, against the other spouse, referred to as the defendant. To file this form, the plaintiff must meet specific residency requirements, including having lived in Michigan for at least 180 days and in the county where the complaint is filed for at least 10 days. This ensures that the court has jurisdiction over the case.

  3. What information is required on the form?

    The form requires several pieces of information, including:

    • The names, addresses, and telephone numbers of both the plaintiff and defendant.
    • The date of marriage and the date of separation.
    • Details about any minor children, including their names and dates of birth.
    • Information regarding property ownership and any proposed agreements regarding the division of assets and debts.

    This information helps the court understand the context of the divorce and the issues that need to be addressed.

  4. What happens after the form is filed?

    Once the Complaint Divorce form is filed with the court, the defendant must be served with a copy of the complaint. This informs the defendant of the divorce proceedings and allows them to respond. After the defendant responds, both parties may engage in negotiations regarding property division, child custody, and support. If an agreement is reached, it can be submitted to the court for approval. If not, a court hearing will be scheduled to resolve any outstanding issues.

  5. Can the Complaint Divorce form be amended?

    Yes, the Complaint Divorce form can be amended if necessary. If changes need to be made to the information provided, such as updates regarding property or custody arrangements, the plaintiff can file an amended complaint with the court. It is important to ensure that all information is accurate and up-to-date to avoid complications during the divorce process.