Content Overview
The Michigan Complaint Divorce form is a crucial document for anyone seeking to initiate a divorce in the state. This form serves as the official request to the court to dissolve a marriage, outlining essential details about both spouses. It requires the names, addresses, and contact information of the plaintiff and defendant, as well as their respective attorneys if applicable. The form also confirms that no other legal actions are pending that could affect the divorce proceedings. Key aspects include residency requirements, which state 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. Additionally, the form addresses the status of any minor children involved, property ownership, and the breakdown of the marital relationship. The plaintiff must provide information about the marriage, including the date of marriage and separation, and any relevant details about child custody and support arrangements. Finally, the form concludes with a request for the court to approve a Property Settlement Agreement, which will address the division of assets and debts, and any name restoration requests. Completing this form accurately is vital to ensure a smooth divorce process.
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Similar forms
The Michigan Complaint Divorce form shares similarities with several other legal documents used in family law proceedings. Each of these documents serves a specific purpose in the divorce process and contains essential information about the parties involved. Below are four documents that are similar to the Michigan Complaint Divorce form:
- Petition for Divorce: Like the Complaint for Divorce, a Petition for Divorce initiates the divorce process. It outlines the grounds for divorce and provides necessary information about the parties, including their residency and any children involved. Both documents require similar details, such as the names and addresses of the parties and any claims regarding property or custody.
- Child Custody Agreement: This document is often filed alongside the Complaint for Divorce when children are involved. It details the custody arrangements for minor children, including living arrangements and visitation rights. Similar to the Complaint, it addresses the welfare of the children and aims to provide a clear plan for their care post-divorce.
- Hold Harmless Agreement: Essential for protecting parties during various legal transactions, this contract ensures that one party agrees not to hold the other liable for risks involved. For a deeper understanding, refer to the Hold Harmless Agreement.
- Property Settlement Agreement: This document outlines how the couple's assets and debts will be divided. It is akin to the property section in the Complaint for Divorce, which mentions the parties' ownership of property and their intent to execute a Property Settlement Agreement. Both documents focus on resolving financial matters amicably.
- Motion for Temporary Orders: A Motion for Temporary Orders can be filed during the divorce process to request immediate relief regarding custody, support, or property issues. Similar to the Complaint for Divorce, it includes information about the parties and the specific relief sought, ensuring that both parties understand the requests being made while the divorce is pending.
Document Specifics
| Fact Name | Details |
|---|---|
| Governing Law | The Michigan Complaint Divorce form is governed by the Michigan Compiled Laws (MCL) 552.6. |
| Residency Requirement | 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. |
| Copies Required | Four copies of the form are needed: one for the court, one for the plaintiff, one for the defendant, and one for the Friend of the Court. |
| Minor Children | If there are minor children, their names, dates of birth, and social security numbers must be included in the form. |
| Property Settlement | The form allows for a Property Settlement Agreement to resolve all property and debt issues without court division. |
Things You Should Know About This Form
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What is 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 outlines the details of the marriage, the reasons for the divorce, and any relevant information regarding children and property.
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Who can file the Complaint for Divorce?
Either spouse can file the Complaint for Divorce, provided that they have been a resident of Michigan for at least 180 days and have lived in the county where they are filing for at least 10 days prior to submission.
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What information is required on the form?
The form requires details such as:
- Names and addresses of both spouses
- Date of marriage and separation
- Information about minor children, if any
- Details about property and debts
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What happens if there are minor children involved?
If there are minor children, the form requires information about their living arrangements and any previous custody proceedings. It also states that issues regarding custody, support, and visitation will be resolved through a Separation and Property Settlement Agreement.
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Do I need an attorney to file this form?
While it is not mandatory to have an attorney, it is highly recommended. An attorney can help ensure that all necessary information is included and that your rights are protected throughout the divorce process.
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How many copies of the form do I need?
You need to submit the original form to the court, along with three additional copies: one for the plaintiff, one for the defendant, and one for the Friend of the Court.
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What if I want to restore my maiden name?
If you wish to restore your maiden name as part of the divorce, you must indicate this on the form. If you do not request a name change, simply note that no restoration is requested.
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What should I do after filing the Complaint for Divorce?
After filing, you must serve the defendant with a copy of the Complaint. This informs them of the divorce proceedings. You should also prepare for any court hearings and ensure that all agreements regarding property and children are documented.
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What is the next step after the form is filed?
Once the form is filed and served, you will typically attend a hearing where the judge will review your case. If everything is in order, the judge may grant the divorce and approve the Property Settlement Agreement.
Documents used along the form
The Michigan Complaint Divorce form is an essential document for initiating divorce proceedings in the state. However, several other forms and documents are often required to accompany this form to ensure a comprehensive legal process. Below is a list of these documents, along with brief descriptions of their purposes.
- Summons: This document notifies the defendant that a divorce action has been filed against them. It provides essential information about the case, including the court where the action is pending and the time frame for the defendant to respond.
- Affidavit of Financial Information: This affidavit requires both parties to disclose their financial situations, including income, expenses, assets, and debts. It is crucial for determining support obligations and property division.
- Child Custody Affidavit: If there are minor children involved, this affidavit provides the court with information about the children's living arrangements, custody preferences, and any previous custody proceedings. It helps the court make informed decisions regarding custody and parenting time.
- Articles of Incorporation: This document is essential for legally establishing a corporation in Colorado. It includes key information about the corporation's name and structure, and can be found here: Colorado PDF Forms.
- Property Settlement Agreement: This document outlines how the couple intends to divide their assets and debts. It is often submitted to the court for approval, ensuring that both parties agree on the terms of the property division.
- Notice of Hearing: This notice informs all parties involved of the scheduled court hearing date regarding the divorce. It ensures that both parties have the opportunity to present their cases and any objections they may have.
- Judgment of Divorce: This is the final court order that officially dissolves the marriage. It details the terms of the divorce, including custody arrangements, support obligations, and property division, and is issued once the court has reviewed and approved all agreements.
Each of these documents plays a critical role in the divorce process, ensuring that all legal requirements are met and that the rights and responsibilities of both parties are clearly defined. Understanding these documents can help individuals navigate the complexities of divorce with greater confidence and clarity.
Michigan Complaint Divorce Preview
Original - Court |
2nd copy - Plaintiff |
4th copy - Friend of the Court |
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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:
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STATE OF MICHIGAN |
COMPLAINT FOR DIVORCE |
CASE NO. |
JUDICIAL CIRCUIT |
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COUNTY |
Page 2 of 5 pages |
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FAMILY DIVISION |
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Court address |
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Court telephone no. |
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Plaintiff
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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
5.The parties 
have 
do not have property to be divided.
6.There are _______ minor children of said marriage:
Name |
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Date of Birth |
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Social Security Number |
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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.
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STATE OF MICHIGAN |
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JUDICIAL CIRCUIT |
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5 pages |
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COUNTY |
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FAMILY DIVISION |
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Court address |
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Court telephone no. |
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Plaintiff
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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
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STATE OF MICHIGAN |
COMPLAINT FOR DIVORCE |
CASE NO. |
JUDICIAL CIRCUIT |
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COUNTY |
Page 4 of 5 pages |
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FAMILY DIVISION |
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Court address |
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Court telephone no. |
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Plaintiff
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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: ____________________ |
____________________________________ |
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Plaintiff Signature |
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Occupation: |
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Employer’s |
Name and Address: |
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Employer’s |
Name and Address: |
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STATE OF MICHIGAN |
COMPLAINT FOR DIVORCE |
CASE NO. |
JUDICIAL CIRCUIT |
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COUNTY |
Page 5 of 5 pages |
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FAMILY DIVISION |
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Court address |
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Court telephone no. |
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Plaintiff
V
Defendant
STATE OF MICHIGAN |
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County of ____________________ |
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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: ____________________
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