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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 |
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FAMILY DIVISION |
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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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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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FAMILY DIVISION |
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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 |
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FAMILY DIVISION |
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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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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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Plaintiff
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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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Document Information
| Fact Name | Details |
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| 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 lived in Michigan for at least 180 days and in the county for at least 10 days before filing. |
| Filing Copies | The form requires multiple copies: Original for the court, second for the plaintiff, third for the defendant, and fourth for the Friend of the Court. |
| Marriage Information | Details of the marriage, including the date and location, must be included in the form. |
| Separation Date | The form requires the date on which the parties separated to be clearly stated. |
| Minor Children | If applicable, the form must list all minor children, including their names and dates of birth. |
| Property Settlement | Parties must agree on a Property Settlement Agreement to resolve property and debt issues without court intervention. |
| Child Custody | All matters regarding child custody and support will be addressed in the Separation and Property Settlement Agreement. |
| Name Restoration | The form allows for the restoration of a spouse's maiden name upon request, which must be indicated in the complaint. |
Michigan Complaint Divorce - Usage Guidelines
Once you have gathered all 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. Ensure that all details are accurate, as this will help streamline your case and avoid potential delays.
- Obtain the Form: Download or print the Michigan Complaint for Divorce form from the official Michigan courts website or visit your local courthouse to get a physical copy.
- Fill in Court Information: At the top of the form, enter the court address and telephone number where you will be filing your complaint.
- Provide Your Information: Fill in your name, address, and telephone number as the Plaintiff. If you have an attorney, include their name, bar number, address, and telephone number.
- Defendant’s Information: Enter the name, address, and telephone number of the Defendant. Include their attorney's information if applicable.
- Residency Details: Indicate that both parties have been residents of Michigan for at least 180 days and the specific county for at least 10 days before filing.
- Statistical Information: Provide the required statistical information for both parties, including names, addresses, dates of birth, occupations, and employer details.
- Marriage Information: State the date and county of the marriage, and include the wife’s maiden name if applicable.
- Separation Date: Specify the date when the parties separated.
- Property and Children: Indicate whether there are any minor children and provide their names, dates of birth, and Social Security numbers. Also, note if there is property to be divided.
- Custody and Other Details: Answer questions regarding child custody proceedings and any other relevant legal matters.
- Grounds for Divorce: Affirm that there has been a breakdown in the marriage relationship and that it cannot be preserved.
- Property Settlement Agreement: State your intention to execute a Property Settlement Agreement to resolve property and debt issues.
- Relief Requested: Clearly outline what you are asking the court to grant, including the dissolution of marriage and approval of any agreements.
- Sign and Date: Sign and date the form at the bottom. Make sure to have it notarized as required.
After completing the form, make copies for your records and for the Defendant, as well as for the Friend of the Court. You will then file the original with the court, which will initiate the divorce process. Keep track of any deadlines and requirements to ensure everything proceeds smoothly.
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Dos and Don'ts
When filling out the Michigan Complaint Divorce form, it’s important to follow certain guidelines to ensure accuracy and completeness. Here are four things you should and shouldn't do:
- Do provide accurate information about both parties, including names, addresses, and contact details.
- Do check that you have lived in Michigan for at least 180 days and in the specific county for at least 10 days before filing.
- Don't leave any sections blank. If a question does not apply, write "N/A" instead.
- Don't forget to sign the form. An unsigned form may be rejected by the court.
Common mistakes
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Incomplete Information: Failing to fill out all required fields can lead to delays. Every section must be completed, including names, addresses, and dates.
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Incorrect Residency Information: Providing inaccurate details about residency can jeopardize the case. Ensure that the residency requirements of at least 180 days in Michigan and 10 days in the county are met.
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Missing Signatures: The form must be signed by the Plaintiff. Neglecting to sign can result in the complaint being rejected.
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Failure to Disclose Previous Actions: Not mentioning any other pending or resolved actions related to the family can lead to complications. Full transparency is necessary.
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Improper Child Custody Information: Providing incorrect or incomplete information about minor children can affect custody arrangements. Double-check names, birth dates, and residency details.
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Inaccurate Property Information: Misrepresenting the existence or value of property can create issues later. Be clear about what property exists and how it will be divided.
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Neglecting to State Grounds for Divorce: Clearly stating the reason for the divorce is essential. A vague or unclear explanation can lead to confusion.
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Ignoring the Notary Requirement: Not having the document notarized can invalidate the complaint. Ensure that a notary public signs the document after the Plaintiff signs.
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Not Keeping Copies: Failing to make copies of the filed complaint can result in a loss of important documents. Always keep a copy for personal records.
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Submitting to the Wrong Court: Filing the complaint in the incorrect jurisdiction can lead to dismissal. Verify the appropriate court for your case.