Content Overview
Guide to Writing Michigan Complaint Divorce
Once you have gathered the necessary information, you can begin filling out the Michigan Complaint Divorce form. This document initiates the divorce process and requires specific details about both parties involved. After completing the form, you will need to file it with the appropriate court, and further steps will follow regarding hearings and potential settlements.
- Obtain the Michigan Complaint Divorce form. You can find it online or at your local courthouse.
- Fill in the court information at the top of the form, including the court address and telephone number.
- Enter the plaintiff's information, which includes the name, address, and telephone number.
- Provide the defendant's information, including their name, address, and telephone number.
- If applicable, fill in the attorney's information for both parties, including their bar number, address, and telephone number.
- Indicate whether there are any other pending or resolved actions involving the family or family members.
- State the residency requirements by confirming that both parties have lived in Michigan for at least 180 days and in the specific county for at least 10 days.
- Complete the statistical information section for both parties, including names, names prior to marriage, current addresses, dates of birth, occupations, and employer details.
- Provide the date and location of the marriage, including the wife's maiden name.
- Describe the living situation, including the date of separation.
- Indicate whether there is property to be divided or if the parties will execute a Property Settlement Agreement.
- List the number of minor children 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.
- State the reasons for the divorce, indicating that the marriage has irretrievably broken down.
- Fill in any additional requests, such as restoration of a maiden name or other relief.
- Sign and date the form at the bottom.
- Make copies of the completed form: one for the court, one for the plaintiff, one for the defendant, and one for the Friend of the Court.
- File the original form with the court and pay any required filing fees.
Document Breakdown
| Fact Name | Details |
|---|---|
| Governing Law | The Michigan Complaint for Divorce form is governed by MCL 552.6 and MCL 722.1209. |
| 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 | Five copies of the form are needed: one for the court, one for the Plaintiff, one for the Defendant, one for the Friend of the Court, and one for return. |
| Marital Breakdown | The form must state that there has been a breakdown in the marriage relationship, with no reasonable likelihood of preservation. |
| Property Settlement | Parties will execute a Property Settlement Agreement to resolve all property and debt issues without court division. |
| Minor Children | If there are minor children, the form must include their names, dates of birth, and current living arrangements. |
FAQ
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What is the Michigan Complaint Divorce form?
The Michigan Complaint Divorce form is a legal document that initiates the divorce process in Michigan. It outlines the details of the marriage, the reasons for the divorce, and any arrangements regarding children and property. This form must be completed and filed with the appropriate court to begin the legal proceedings.
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Who can file the Complaint for Divorce?
Either spouse can file the Complaint for Divorce. However, at least one party must have been a resident of Michigan for at least 180 days and have lived in the county where the complaint is filed for at least 10 days prior to filing.
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What information is required in the form?
The form requires several pieces of information, including:
- Names and addresses of both spouses.
- Date of marriage and separation.
- Details regarding minor children, if applicable.
- Information about property ownership and any existing agreements.
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What if there are minor children involved?
If there are minor children, the form requires information about their residence, custody arrangements, and any previous custody proceedings. It is important to provide accurate information to ensure the court can make informed decisions regarding custody and support.
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What happens after filing the Complaint for Divorce?
Once the form is filed, the court will schedule a hearing. Both parties will be notified, and they may need to attend. The court will review the complaint, and if all requirements are met, it may grant the divorce and approve any agreements regarding property and children.
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Can the name of a spouse be restored after divorce?
Yes, if one spouse wishes to restore their maiden name, they can request this in the Complaint for Divorce. The court will consider this request during the proceedings.
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What is a Property Settlement Agreement?
A Property Settlement Agreement is a legal document that outlines how the couple's assets and debts will be divided. This agreement can be included in the Complaint for Divorce, and if approved by the court, it will become part of the final divorce decree.
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Do both parties need to agree on the divorce?
No, only one spouse needs to file the Complaint for Divorce. However, both parties may benefit from reaching an agreement on key issues such as custody, support, and property division to facilitate a smoother process.
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What if I need help filling out the form?
If assistance is needed, individuals can consult with a family law attorney or seek help from legal aid organizations. Many courts also provide resources and guidance for individuals filing for divorce.
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Is there a fee to file the Complaint for Divorce?
Yes, there is typically a filing fee associated with submitting the Complaint for Divorce. The amount may vary by county, so it is advisable to check with the local court for the exact fee and any potential waivers for those who qualify.
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Oakland Marriage License - May require both parties to be present for issuance.
Sample Letter of Interest to Purchase Land - The Letter to Purchase Land is an essential component in property negotiations.
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
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
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 |
Page 3 of |
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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