Content Overview
The Michigan Complaint Divorce form is a critical document for individuals seeking to initiate divorce proceedings in the state. This form outlines essential information about both parties, including their names, addresses, and contact details. It requires the plaintiff to confirm residency in Michigan for at least 180 days and in the county for at least 10 days prior to filing. The form also provides space for statistical information about both spouses, such as their occupations and employers. Key aspects include the declaration of the marriage date and the circumstances surrounding the separation. Additionally, the form addresses any minor children involved, detailing their current living arrangements and any prior custody proceedings. It emphasizes the breakdown of the marriage and outlines how property and debt will be handled through a Property Settlement Agreement. The plaintiff requests the court to dissolve the marriage and may also seek the restoration of a maiden name. Completing this form accurately is vital, as it sets the foundation for the legal process ahead.
Key takeaways
Filling out the Michigan Complaint Divorce form can seem daunting, but understanding its key components can simplify the process. Here are some essential takeaways to keep in mind:
- Residency Requirements: Ensure that both parties have lived in Michigan for at least 180 days and in the county where you are filing for at least 10 days.
- Complete Information: Fill in all required details about both the plaintiff and defendant, including names, addresses, and telephone numbers.
- Marriage Details: Include the date and location of the marriage, as well as the wife's maiden name if applicable.
- Separation Date: Clearly state the date of separation to establish the timeline of the marriage breakdown.
- Children's Information: If there are minor children, provide their names, dates of birth, and social security numbers.
- Child Custody: Indicate where the children currently reside and any previous child custody proceedings that may affect the case.
- Property Division: Mention whether there are assets to be divided and if a Property Settlement Agreement will be executed.
- Custody and Support: Note that all issues regarding child care, custody, support, and visitation will be handled in the Property Settlement Agreement.
- Signature Requirement: The plaintiff must sign the form, confirming that the information is accurate to the best of their knowledge.
- Notarization: The form must be notarized, which requires a notary public to verify the identity of the person signing.
By keeping these points in mind, you can navigate the process of completing the Michigan Complaint Divorce form more effectively. Make sure to review the form thoroughly before submission to avoid any delays or complications.
Guide to Writing Michigan Complaint Divorce
Filling out the Michigan Complaint Divorce form is an important step in the divorce process. This document initiates the legal proceedings and outlines the necessary information regarding the marriage, children, and property. After completing this form, you will need to file it with the appropriate court and serve copies to the other party involved.
- Obtain the Form: Download the Michigan Complaint Divorce form from the Michigan Courts website or visit your local courthouse to get a physical copy.
- Fill in Court Information: At the top of the form, write the name of the court, the case number (if known), the court address, and the court telephone number.
- Enter Plaintiff and Defendant Information: Provide your name, address, and telephone number as the Plaintiff. Then, fill in the same details for the Defendant.
- Attorney Information: If you have an attorney, include their name, bar number, address, and phone number. Repeat for the Defendant’s attorney if applicable.
- Residency Information: Indicate whether the Plaintiff, Defendant, or both have been residents of Michigan for at least 180 days and of the specific county for at least 10 days prior to filing.
- Statistical Information: Fill out the required statistical details for both parties, including names prior to marriage, current addresses, dates of birth, occupations, and employer information.
- Marriage Details: State the date and location of the marriage, and include the Wife’s maiden name if applicable.
- Separation Date: Specify the date when you and the Defendant separated.
- Property Information: Indicate whether there is property to be divided and provide details about any minor children involved.
- Child Custody Information: Complete the section regarding the children’s current living situation, previous custody proceedings, and any other relevant custody matters.
- Breakdown of Marriage: Affirm that there has been a breakdown in the marriage relationship and that reconciliation is not likely.
- Property Settlement Agreement: Mention that you will execute a Property Settlement Agreement to resolve property and debt issues.
- Custody and Support Issues: State that all issues regarding the care and custody of the children will be resolved by the Separation and Property Settlement Agreement.
- Prayer for Relief: Clearly outline what you are asking the court to do, including dissolving the marriage and approving the Property Settlement Agreement.
- Sign and Date the Form: Sign and date the form at the bottom, ensuring all information is accurate.
- Notarization: Have the form notarized, which is required for the document to be valid.
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Form Preview Example
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:
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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.
- 2 -
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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Current Address: |
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Occupation: |
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Employer’s |
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- 4 -
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: ____________________
- 5 -
Documents used along the form
When filing for divorce in Michigan, several additional documents may be necessary to support the process. Each of these forms serves a specific purpose and helps ensure that the court has all the relevant information to make informed decisions.
- Summons: This document notifies the defendant that a divorce action has been initiated. It includes information about the court, the parties involved, and instructions on how to respond.
- Affidavit of Service: This form proves that the defendant has been served with the divorce papers. It must be filed with the court to confirm that the defendant has received notice of the proceedings.
- Child Custody Affidavit: If there are minor children involved, this affidavit provides information about their living arrangements and any custody agreements. It is essential for determining custody and visitation rights.
- Doctor's Excuse Note: For situations requiring documentation of medical absences, a Doctor's Excuse Note can be crucial. This form can be accessed here: https://smarttemplates.net/fillable-doctors-excuse-note.
- Property Settlement Agreement: This document outlines how the couple will divide their assets and debts. It is crucial for resolving financial matters without needing the court to intervene.
- Notice of Hearing: This form informs all parties of the date and time of the court hearing regarding the divorce. It ensures that everyone involved is aware of the proceedings.
- Judgment of Divorce: This final document is issued by the court to officially dissolve the marriage. It includes details about custody, support, and property division, making it a critical part of the divorce process.
Having these documents ready can streamline the divorce process and reduce potential delays. It is important to ensure that each form is completed accurately and submitted on time to facilitate a smoother transition during this challenging period.