Table of Contents
Filing for divorce can be an emotionally challenging experience, and understanding the necessary steps is crucial for a smoother process. In Michigan, the Complaint for Divorce form serves as the initial document to initiate divorce proceedings. This form requires the plaintiff to provide essential information, including the names and addresses of both parties, as well as details about their marriage and any children involved. It is important to note that the form must confirm residency requirements, stating that both parties have lived in Michigan for at least 180 days and in the respective county for at least 10 days before filing. The form also addresses the division of property and assets, outlining whether the parties have any joint property or debts. Additionally, it includes sections related to child custody and support, ensuring that the best interests of minor children are prioritized. By clearly stating the grounds for divorce and requesting the dissolution of the marriage, the Complaint for Divorce form sets the stage for the legal proceedings to follow. Understanding each component of this form is essential for those navigating this difficult time, as it lays the groundwork for a fair and equitable resolution.
Document Specifics
| Fact Name | Description |
|---|---|
| Governing Law | The Michigan Complaint for Divorce form is governed by 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 specific county for at least 10 days prior to filing. |
| Filing Copies | Five copies of the complaint are required: one for the court, one for the plaintiff, one for the defendant, one for the Friend of the Court, and one for return. |
| Children Information | The form requires information about any minor children from the marriage, including their names and dates of birth. |
| Property Settlement | The parties can execute a Property Settlement Agreement to resolve all property and debt issues without court intervention. |
| Name Restoration | The plaintiff may request restoration of a maiden name as part of the divorce proceedings. |
Similar forms
- Petition for Separation: Like the Complaint for Divorce, a Petition for Separation outlines the reasons for the separation and includes details about children and property. Both documents require the parties to provide personal information and residency details.
- Child Custody Agreement: This document focuses specifically on the custody arrangements for children, similar to the custody sections in the Complaint for Divorce. Both require information about the children's living arrangements and any previous custody proceedings.
- Property Settlement Agreement: This agreement deals with the division of assets and debts, akin to the property section in the Complaint for Divorce. Both documents aim to resolve financial matters without court intervention.
- Divorce Decree: The Divorce Decree finalizes the divorce, similar to the requests made in the Complaint for Divorce. Both documents indicate the dissolution of marriage and may include terms related to custody and property.
- Hold Harmless Agreement - When entering contracts, be sure to review the important aspects of a Hold Harmless Agreement that can protect you from liability in various situations.
- Motion for Temporary Orders: This document requests temporary relief during the divorce process, such as child support or spousal support. It shares similarities with the Complaint for Divorce in that both outline immediate needs and issues faced by the parties.
- Affidavit of Support: This document provides financial details and obligations, much like the financial disclosures in the Complaint for Divorce. Both require detailed information about income, expenses, and financial responsibilities.
Michigan Complaint Divorce 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:
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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:
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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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Address |
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Current Address: |
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Date of Birth: |
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Occupation: |
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Employer’s |
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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
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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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Understanding Michigan Complaint Divorce
What is the Michigan Complaint Divorce form?
The Michigan Complaint Divorce form is a legal document used to initiate the divorce process in the state of Michigan. It outlines the details of the marriage, including the names and addresses of both spouses, information about any children involved, and the grounds for divorce. This form is filed with the court to formally request the dissolution of the marriage.
Who can file the Complaint for Divorce?
Either spouse can file the Complaint for Divorce, provided they meet certain residency requirements. Specifically, at least one spouse must have lived in Michigan for at least 180 days and in the county where the divorce is filed for at least 10 days prior to filing. This ensures that the court has jurisdiction over the case.
What information is required in the form?
The form requires several pieces of information, including the names and addresses of both spouses, their dates of birth, and details about any minor children. It also asks for information regarding the marriage, such as the date of marriage and the date of separation. Additionally, it includes sections for the parties to disclose any prior custody proceedings or other legal matters that may affect the divorce.
What happens after the form is filed?
Once the Complaint for Divorce is filed with the court, the other spouse must be served with a copy of the complaint. This initiates the legal process. After being served, the defendant has a specific period to respond to the complaint. If both parties agree on the terms of the divorce, they may proceed with a settlement agreement. If not, the case may go to court for resolution.
Do I need an attorney to file the Complaint for Divorce?
While it is not mandatory to have an attorney to file the Complaint for Divorce, it is highly recommended. An attorney can help ensure that the form is filled out correctly, provide guidance on the legal process, and represent your interests in negotiations or court proceedings. If you choose to proceed without an attorney, be sure to thoroughly understand the implications of your decisions.
Can I restore my maiden name through this process?
Yes, the Complaint for Divorce includes an option for the wife to request the restoration of her maiden name. If this is desired, it should be clearly indicated in the form. The court typically grants this request unless there are compelling reasons not to do so. If you wish to restore your name, make sure to specify it in the appropriate section of the form.
Dos and Don'ts
When filling out the Michigan Complaint Divorce form, it is crucial to approach the process with care. Below are five important dos and don'ts to keep in mind:
- Do ensure all personal information is accurate and complete, including names, addresses, and contact details for both parties.
- Do clearly state the grounds for divorce and provide necessary details regarding the marriage and separation.
- Do include information about any minor children, if applicable, and specify their current living arrangements.
- Don't omit any required signatures, as this can lead to delays in processing your complaint.
- Don't forget to make copies of the completed form for your records and for the other party involved.
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