Michigan PDF Forms

Michigan PDF Forms

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Documents used along the form

When initiating a divorce in Michigan, the Complaint for Divorce form is just one of several important documents that may be required. Understanding these additional forms can help streamline the process and ensure that all necessary information is provided to the court.

  • Summons: This document notifies the defendant that a divorce action has been filed against them. It includes information about the court, the parties involved, and instructions on how to respond. The summons must be served to the defendant along with the complaint.
  • Affidavit of Service: This form is used to prove that the defendant has been properly served with the divorce papers. It details how and when the service occurred, ensuring that the court has a record of this important step in the process.
  • Child Custody and Parenting Time Worksheet: If minor children are involved, this worksheet helps outline custody arrangements and parenting time schedules. It serves as a guide for the court to determine what is in the best interest of the children.
  • Motor Vehicle Bill of Sale: This form is essential for the transfer of ownership of a vehicle in Georgia, providing necessary proof of transaction for both parties involved. For more information, you can visit Forms Georgia.
  • Property Settlement Agreement: This document outlines how the couple intends to divide their assets and debts. It can be submitted to the court for approval, ensuring that both parties agree on the terms of their separation.

Each of these documents plays a crucial role in the divorce process, providing the court with necessary information and ensuring that both parties are aware of their rights and responsibilities. Properly preparing and submitting these forms can help facilitate a smoother transition during what is often a challenging time.

Michigan Complaint Divorce Preview

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:

- 1 -

STATE OF MICHIGAN

COMPLAINT FOR DIVORCE

CASE NO.

JUDICIAL CIRCUIT

 

COUNTY

Page 2 of 5 pages

 

FAMILY DIVISION

 

 

Court address

 

Court telephone no.

 

 

 

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 co-habited together as Husband and Wife until on or about ____________________, on which date they separated.

5.The parties have do not have property to be divided.

6.There are _______ minor children of said marriage:

Name

 

Date of Birth

 

Social Security Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

JUDICIAL CIRCUIT

Page 3 of

5 pages

 

COUNTY

 

 

 

 

FAMILY DIVISION

 

 

 

Court address

 

 

Court telephone no.

 

 

 

 

Plaintiff

V

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

-3 -

STATE OF MICHIGAN

COMPLAINT FOR DIVORCE

CASE NO.

JUDICIAL CIRCUIT

 

COUNTY

Page 4 of 5 pages

 

FAMILY DIVISION

 

 

Court address

 

Court telephone no.

 

 

 

Plaintiff

V

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: ____________________

____________________________________

 

Plaintiff Signature

 

Address

 

City, State Zip

 

Phone

 

 

 

 

Plaintiff

 

 

 

 

 

 

Defendant

Name:

 

 

Name:

Name

prior to marriage, if any

 

 

Name

prior to marriage, if any

Current Address:

 

 

 

 

 

Current Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of Birth:

 

Date of Birth:

Occupation:

 

 

 

 

Occupation:

 

 

Employer’s

Name and Address:

 

 

Employer’s

Name and Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

- 4 -

STATE OF MICHIGAN

COMPLAINT FOR DIVORCE

CASE NO.

JUDICIAL CIRCUIT

 

COUNTY

Page 5 of 5 pages

 

FAMILY DIVISION

 

 

Court address

 

Court telephone no.

 

 

 

Plaintiff

V

Defendant

STATE OF MICHIGAN

)

 

)ss.

County of ____________________

)

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 -

Similar forms

  • Petition for Legal Separation: This document is similar to the Complaint for Divorce as it initiates a legal process regarding marital issues. Both forms require information about the spouses, their residence, and the nature of their relationship. However, a Petition for Legal Separation does not end the marriage.

  • Child Custody Complaint: A Child Custody Complaint also addresses issues related to children from a marriage. Like the divorce complaint, it requires details about the parents and their children. Both documents aim to resolve custody and support arrangements, although the focus of the Child Custody Complaint is solely on the children.

  • Property Settlement Agreement: This document often accompanies divorce proceedings. It outlines how assets and debts will be divided. Similar to the Complaint for Divorce, it requires detailed information about the parties’ property and financial situations, ensuring clarity on how issues will be resolved.

  • Motion for Temporary Orders: This motion is filed during divorce proceedings to request immediate relief, such as child support or spousal support. It shares similarities with the Complaint for Divorce in that both documents seek court intervention in family matters. The Motion for Temporary Orders, however, is focused on short-term needs.

  • Bill of Sale: Essential for documenting the transfer of ownership, the Bill of Sale form provides clarity and legality to personal property transactions, ensuring both parties are recognized in the sale process.
  • Divorce Judgment: Once a divorce is finalized, a Divorce Judgment is issued. This document outlines the terms of the divorce, including custody, support, and property division. Like the Complaint for Divorce, it is a crucial part of the legal process, but it comes at the end rather than the beginning.

Misconceptions

Misconceptions about the Michigan Complaint Divorce form can lead to confusion during an already challenging time. Here are ten common misconceptions:

  • Only one party needs to file the form. Both spouses must be aware of the proceedings, even if only one is filing the complaint.
  • The form is only for couples with children. This form can be used by couples without children as well.
  • Filing the form guarantees a quick divorce. The process can take time, depending on various factors, including court schedules and responses from the other party.
  • You can fill out the form without legal help. While it's possible to complete the form independently, consulting a lawyer can provide valuable guidance.
  • All property will be automatically divided. The form allows for a Property Settlement Agreement, which can dictate how property and debts are handled.
  • You must be separated for a specific period before filing. Michigan does not require a mandatory separation period before submitting the complaint.
  • Once filed, the divorce is final. The court must review and approve the complaint, and a final judgment is needed to officially dissolve the marriage.
  • Filing means you cannot change your mind. You can withdraw the complaint before the final judgment is made.
  • The form is the same for all counties in Michigan. While the basic structure is similar, there may be county-specific requirements or variations.
  • You cannot restore your maiden name without a court order. The form allows for a request to restore a maiden name as part of the divorce proceedings.

Understanding these misconceptions can help individuals navigate the divorce process more effectively.

Detailed Instructions for Using Michigan Complaint Divorce

After completing the Michigan Complaint Divorce form, the next steps involve filing it with the appropriate court and serving copies to the involved parties. Ensure that all information is accurate and complete to avoid delays in the process.

  1. Obtain the Michigan Complaint Divorce form from the court or online.
  2. Fill in the court's name, address, and telephone number at the top of the form.
  3. Provide your name, address, and telephone number as the Plaintiff.
  4. Enter the Defendant's name, address, and telephone number.
  5. If applicable, include your attorney’s name, bar number, address, and telephone number.
  6. Include the Defendant's attorney’s information if they have one.
  7. Confirm that there are no other pending actions related to the family in the Family Division of the Circuit Court.
  8. State your residency information, confirming that you and the Defendant have lived in Michigan for at least 180 days and in the county for at least 10 days.
  9. Fill in the statistical information for both parties, including names, previous names, addresses, dates of birth, occupations, and employer details.
  10. Document the date and location of your marriage, along with the wife’s maiden name.
  11. Describe the living situation, including the date of separation.
  12. Indicate whether there is property to be divided and detail the number of minor children involved.
  13. Provide information about the children’s current living situation and any custody proceedings.
  14. State the breakdown of the marriage and the reasons for seeking a divorce.
  15. Outline the proposed Property Settlement Agreement and custody arrangements.
  16. Sign and date the form, ensuring your signature is included where indicated.
  17. Have the form notarized, if required, by a Notary Public.
  18. Make copies of the completed form: one for yourself, one for the Defendant, one for the Friend of the Court, and one for the court.
  19. File the original form and the necessary copies with the court clerk.
  20. Serve the Defendant with their copy of the form.

Dos and Don'ts

When filling out the Michigan Complaint Divorce form, it’s important to follow certain guidelines to ensure accuracy and compliance with legal requirements. Here’s a list of things you should and shouldn't do:

  • Do ensure that all personal information is accurate, including names, addresses, and phone numbers.
  • Don't leave any sections blank. If a section does not apply, write "N/A" or "Not Applicable."
  • Do provide the correct court address and telephone number where the complaint is being filed.
  • Don't forget to check that you have included the case number, if applicable.
  • Do clearly state the date of marriage and the date of separation.
  • Don't omit information about any minor children, including their names and dates of birth.
  • Do sign and date the form where indicated to validate your complaint.
  • Don't neglect to have the document notarized if required; this adds credibility to your filing.
  • Do make copies of the completed form for your records and for the other party involved.