Structure
Misconceptions
Understanding the Michigan Complaint Divorce form is crucial for anyone considering filing for divorce in the state. However, several misconceptions can lead to confusion. Here’s a closer look at six common misunderstandings.
- Filing the form guarantees a quick divorce. Many believe that simply submitting the Complaint Divorce form will lead to an expedited divorce process. In reality, the timeline can vary significantly based on court schedules, the complexity of the case, and whether both parties agree on the terms.
- You can file without legal representation. While it is possible to file the form without an attorney, having legal representation can greatly benefit your case. An attorney can provide guidance on completing the form correctly and navigating the court system effectively.
- All property will be automatically divided. Some people think that the court will automatically divide all marital property upon filing. However, the parties must agree on how to handle property division, often through a Property Settlement Agreement.
- Child custody arrangements are decided at the time of filing. It’s a common misconception that child custody is resolved when the Complaint is filed. In fact, custody arrangements are typically addressed later in the process and may require additional hearings.
- You must prove fault to get a divorce. Many believe that they need to provide evidence of wrongdoing, such as infidelity, to obtain a divorce. Michigan is a no-fault divorce state, meaning that you only need to state that the marriage has irretrievably broken down.
- Once filed, the divorce is final. There’s a belief that filing the Complaint Divorce form means the divorce is finalized. However, the filing is just the first step in a process that may include negotiations, hearings, and a final judgment from the court.
By clarifying these misconceptions, individuals can approach the divorce process with a better understanding and more realistic expectations. Knowledge is power, especially during such a significant life transition.
Detailed Steps for Filling Out Michigan Complaint Divorce
Filling out the Michigan Complaint Divorce form is an essential step in initiating the divorce process. After you complete this form, you will need to file it with the appropriate court and serve it to your spouse. The following steps will guide you through the process of filling out the form accurately and completely.
- Begin by writing the name of the court at the top of the form, along with the court address and telephone number.
- Fill in the case number if you already have one; if not, leave this blank for the court to assign.
- Enter the plaintiff's name, address, and telephone number in the designated section.
- Next, provide the defendant's name, address, and telephone number.
- If applicable, include the plaintiff's attorney's information, including their bar number, address, and telephone number.
- Similarly, fill in the defendant's attorney's information if they have one.
- Indicate whether there are any other pending or resolved actions involving the family by checking the appropriate boxes.
- State the residency information by confirming that the plaintiff, defendant, or both have lived in Michigan for at least 180 days and in the specific county for at least 10 days.
- Provide the statistical information of both parties, including full names, names prior to marriage, current addresses, dates of birth, occupations, and employers' names and addresses.
- Fill in the date and location of the marriage, along with the wife's maiden name.
- Describe the living situation by stating when and where the couple cohabited and the date of separation.
- Indicate whether there are any minor children from the marriage and provide their names, dates of birth, and Social Security numbers.
- Complete the section regarding child custody, including where the children currently reside and any previous custody proceedings.
- Address the breakdown of the marriage relationship, confirming that it cannot be preserved.
- Detail any property and debts owned by both parties, noting that a Property Settlement Agreement will be executed.
- State that all issues regarding the care and custody of minor children will be resolved in the Property Settlement Agreement.
- In the final section, write the specific requests you are making to the court regarding the divorce and any other relief sought.
- Sign and date the form where indicated, providing your address and phone number.
- Have the form notarized, ensuring that the notary public fills in their information and commission expiration date.
Document 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).
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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 |
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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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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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and provided;
B.That the Property Settlement Agreement be approved by the Court;
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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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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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Dos and Don'ts
When filling out the Michigan Complaint Divorce form, it’s essential to approach the process with care. Here are some important do's and don'ts to keep in mind:
- Do ensure that you have been a resident of Michigan for at least 180 days before filing.
- Do provide accurate and complete information about both parties, including names, addresses, and contact details.
- Do include information about any minor children and their current living arrangements.
- Do specify any property that needs to be divided or state if there is none.
- Don't forget to sign the form in front of a notary public; this is a crucial step.
- Don't leave any sections blank; incomplete forms can lead to delays in processing.
- Don't file the form without making copies for all parties involved, including the court and your attorney.
Key takeaways
- Understand residency requirements: At least one spouse must have lived in Michigan for 180 days and in the county where the complaint is filed for at least 10 days.
- Provide accurate personal information: Include full names, addresses, and contact details for both spouses and their attorneys, if applicable.
- Document marriage details: Clearly state the date and location of the marriage, along with the wife’s maiden name.
- Clarify living arrangements: Indicate when the couple separated and whether there are any minor children involved.
- Address child custody: Provide details about where the children currently reside and any prior custody proceedings.
- Disclose property ownership: List any joint or individual property and state whether a Property Settlement Agreement will be executed.
- Outline divorce requests: Specify what you are asking the court to grant, including the dissolution of marriage and approval of any agreements.
- Complete notarization: Ensure the form is notarized to validate the complaint and affirm that the information is accurate to the best of your knowledge.
- File copies correctly: Submit the original form to the court, while keeping copies for yourself, the defendant, and the Friend of the Court.
Similar forms
The Michigan Complaint Divorce form is similar to a Child Custody Complaint. Both documents initiate legal proceedings concerning family matters, particularly focusing on the welfare of children involved in a divorce. The Child Custody Complaint outlines the custodial arrangements and parental rights, similar to how the Complaint Divorce addresses the dissolution of marriage and related issues. Both forms require detailed information about the parties involved, including their residency, relationship history, and any minor children, ensuring that the court has the necessary context to make informed decisions.
Another document that bears resemblance to the Michigan Complaint Divorce form is the Property Settlement Agreement. This document is often filed alongside the divorce complaint and details how the couple’s assets and debts will be divided. Just as the Complaint Divorce outlines the marriage's breakdown and the necessity for asset division, the Property Settlement Agreement provides a clear plan for how those divisions will occur. Both documents are essential for resolving financial matters amicably and legally, reducing potential conflicts during the divorce process.
The Domestic Violence Restraining Order is also comparable to the Michigan Complaint Divorce form. This document is used when one party seeks protection from the other due to threats or acts of violence. Like the divorce complaint, it requires specific information about the parties involved and the nature of their relationship. Both documents aim to protect individuals and ensure their safety, particularly in high-conflict situations where emotional and physical well-being is at stake.
A Motion for Temporary Orders shares similarities with the Michigan Complaint Divorce form as well. This document is filed to request immediate relief from the court regarding issues like child support, custody, or spousal support while the divorce is pending. Both forms are designed to address urgent matters that arise during the divorce process, ensuring that the needs of the parties and any children are met promptly and fairly.
Lastly, the Judgment of Divorce is akin to the Michigan Complaint Divorce form in that it finalizes the divorce process. After the Complaint is filed and the necessary hearings take place, the Judgment of Divorce is issued by the court. This document outlines the terms of the divorce, including custody arrangements, property division, and any other relevant orders. Both documents are critical in the legal journey of ending a marriage, with the Complaint serving as the starting point and the Judgment marking its conclusion.
Documents used along the form
When filing for divorce in Michigan, the Complaint for Divorce is just one of several important documents you may need. Each document serves a unique purpose and helps facilitate the divorce process. Here’s a list of other forms that are often used alongside the Complaint for Divorce:
- Summons: This document notifies the defendant that a divorce action has been filed against them. It provides essential information about the case and instructs the defendant on how to respond.
- Affidavit of Service: This form confirms that the defendant has been properly served with the Complaint and Summons. It is typically filled out by the individual who delivered the documents.
- Case Information Statement: This form provides the court with basic information about the parties involved, including their addresses, employment details, and children. It helps the court organize and manage the case.
- Child Custody Affidavit: If minor children are involved, this document outlines the custody arrangement and provides information about the children's living situation. It is crucial for determining custody and visitation rights.
- Property Settlement Agreement: This agreement details how the couple’s assets and debts will be divided. It can help avoid lengthy court proceedings by allowing the parties to agree on property distribution.
- Parenting Time Order: If children are involved, this document outlines the schedule for parenting time (visitation) between the non-custodial parent and the children. It helps ensure that both parents maintain a relationship with their children.
- Financial Disclosure Statement: This form requires both parties to disclose their financial information, including income, expenses, assets, and debts. Transparency is vital for equitable division of property and determining support obligations.
- Notice of Hearing: This document informs both parties of the date and time of any court hearings related to the divorce case. It ensures that all parties are aware of upcoming proceedings.
Understanding these documents is essential for navigating the divorce process in Michigan. Each plays a significant role in ensuring that the proceedings are fair and efficient, ultimately helping both parties move forward with their lives.