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The Michigan Complaint Divorce form serves as a crucial document for individuals seeking to initiate the divorce process within the state. This form is structured to collect essential information about both parties involved in the marriage, including their names, addresses, and contact details. It requires the plaintiff to confirm residency in Michigan for a specified duration, which is necessary for jurisdictional purposes. The form also outlines the details of the marriage, such as the date and place of marriage, as well as the date of separation. Additionally, it addresses the presence of minor children, requiring the plaintiff to provide their names and living arrangements. The form emphasizes the need for a Property Settlement Agreement to resolve any property or debt issues, thereby simplifying the court's role in asset division. Furthermore, it allows for the restoration of a spouse's maiden name if desired. Ultimately, the form culminates in a request for the court to dissolve the marriage and grant any other relief deemed appropriate, making it a comprehensive tool for individuals navigating the complexities of divorce in Michigan.
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Documents used along the form
When filing for divorce in Michigan, there are several important documents that often accompany the Complaint for Divorce form. Each of these forms serves a specific purpose in the divorce process, helping to ensure that all necessary information is provided to the court. Below is a list of commonly used documents.
- Summons: This document notifies the defendant that a divorce action has been initiated against them. It includes instructions on how to respond and the timeline for doing so.
- Affidavit of Service: This form confirms that the defendant has been served with the divorce papers. It is essential for the court to verify that the defendant was properly notified.
- Property Settlement Agreement: This agreement outlines how the couple will divide their assets and debts. It can help avoid lengthy court proceedings by addressing property issues directly.
- Child Custody and Parenting Time Agreement: If there are minor children involved, this document details the custody arrangements and visitation schedules agreed upon by both parents.
- Financial Affidavit: This form provides a detailed account of each party’s financial situation, including income, expenses, assets, and debts. It is crucial for determining child support and alimony.
- California Judicial Council Form: The All California Forms are essential tools for legal proceedings in California, aiding in the standardization of information across court cases.
- Motion for Temporary Orders: If immediate decisions are needed regarding custody, support, or other issues while the divorce is pending, this motion requests temporary relief from the court.
- Notice of Hearing: This document informs all parties involved of the scheduled court hearing dates related to the divorce case.
- Judgment of Divorce: Once the divorce is finalized, this document officially dissolves the marriage and outlines the terms of the divorce, including custody and property division.
Understanding these documents can help make the divorce process smoother and more manageable. Each form plays a vital role in ensuring that the court has all the necessary information to make informed decisions. If you have questions about any of these documents, seeking legal advice can provide clarity and support.
Form Breakdown
| Fact Name | Details |
|---|---|
| Governing Law | The Michigan Complaint for Divorce is governed by the Michigan Compiled Laws (MCL) 552.6 and 722.1209. |
| Residency Requirement | At least one party must have lived in Michigan for 180 days and in the county for 10 days before filing. |
| Copies Required | The form requires multiple copies: one for the court, one for the plaintiff, one for the defendant, and one for the Friend of the Court. |
| Minor Children | The form must include information about any minor children from the marriage, including their names and dates of birth. |
| Property Settlement | Parties can agree on a Property Settlement Agreement to resolve asset and debt division, avoiding court intervention. |
| Notary Requirement | The form must be notarized, confirming the identity and voluntary signature of the plaintiff. |
More About Michigan Complaint Divorce
What is the Michigan Complaint Divorce form?
The Michigan Complaint Divorce form is a legal document used to initiate a divorce proceeding in Michigan. It outlines the details of the marriage, including the names and addresses of both spouses, the date of marriage, and information about any children involved. This form must be filed in the family division of the circuit court in the appropriate county.
Who can file the Complaint for Divorce?
Either spouse can file the Complaint for Divorce, but certain residency requirements must be met. At least one spouse must have lived in Michigan for at least 180 days and in the county where the complaint is filed for at least 10 days before submitting the form. This ensures that the court has jurisdiction over the case.
What information do I need to provide in the form?
The form requires several pieces of information. You will need to provide your name, address, and telephone number, as well as your spouse's information. Additionally, you must include details about your marriage, such as the date of marriage and any children from the union. If you have property or debts to divide, that information should also be included.
What happens after I file the Complaint for Divorce?
Once you file the Complaint for Divorce, the court will issue a case number and schedule a hearing. Both parties will need to be notified of the proceedings. If there are children involved, the court may require a parenting plan. You may also need to attend mediation to resolve any disputes regarding custody or property division.
Can I restore my maiden name through this form?
Yes, if you wish to restore your maiden name as part of the divorce proceedings, you can request this in the Complaint for Divorce form. You will need to provide your maiden name in the appropriate section. If you do not wish to restore your name, you can simply indicate that no name change is requested.
Michigan Complaint Divorce: Usage Steps
After completing the Michigan Complaint Divorce form, the next steps involve filing the form with the appropriate court and serving copies to the involved parties. It is essential to ensure all information is accurate and all necessary copies are prepared for submission.
- Obtain the Michigan Complaint Divorce form from the court or online.
- Fill in the court address and telephone number at the top of the form.
- Enter the names, addresses, and telephone numbers of both the Plaintiff and Defendant in the designated sections.
- If applicable, include the names, bar numbers, addresses, and telephone numbers of both parties' attorneys.
- Indicate whether there are any other pending or resolved actions involving the family.
- State the Plaintiff's and Defendant's residency information, confirming the required residency duration in Michigan and the specific county.
- Provide statistical information for both parties, including names, addresses, dates of birth, occupations, and employer details.
- Document the marriage date and location, along with the Wife’s maiden name.
- Specify the date of separation.
- State whether the parties have property to divide.
- List any minor children from the marriage, including their names, dates of birth, and Social Security numbers.
- Complete the child custody section, indicating where the children currently reside and any relevant custody proceedings.
- Describe the breakdown of the marriage relationship and confirm the likelihood of preservation.
- Detail the property and debt situation, including plans for a Property Settlement Agreement.
- Address child custody, support, and visitation issues, noting that these will be resolved in the Separation and Property Settlement Agreement.
- Complete the “WHEREFORE” section, stating the Plaintiff's requests regarding the divorce and property settlement.
- Sign and date the form in the designated area.
- Have the form notarized, ensuring the notary public completes their section.
- 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 and copies with the court and pay any required filing fees.
- Serve the Defendant with a copy of the filed Complaint for Divorce.