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The Michigan Complaint Divorce form is a crucial document for individuals seeking to end their marriage in the state. It serves as the official request to the court for a divorce and outlines essential information about both parties involved. The form requires the names and addresses of the plaintiff and defendant, along with their respective attorneys, if applicable. It also includes a declaration that no other divorce or custody actions are pending. The form necessitates details about the marriage, such as the date of marriage, the date of separation, and any minor children from the union. Important statistical information about both spouses, including their names prior to marriage, dates of birth, occupations, and employers, must also be provided. The form addresses issues related to property division and child custody, indicating whether the parties have reached a Property Settlement Agreement. Finally, it concludes with the plaintiff's requests to the court, including the dissolution of the marriage and any requests for name restoration. This document is foundational in initiating the divorce process in Michigan, and understanding its components is vital for anyone navigating this challenging situation.
Common mistakes
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Incomplete Information: Failing to provide all required personal details for both the Plaintiff and Defendant can lead to delays. Ensure that names, addresses, and contact information are complete and accurate.
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Incorrect Residency Statements: Misstating residency requirements can jeopardize the case. Both parties must confirm they have lived in Michigan for at least 180 days and in the county for at least 10 days prior to filing.
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Omitting Children’s Information: If there are minor children, neglecting to list their names and dates of birth is a significant error. This information is crucial for custody and support considerations.
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Failure to Disclose Prior Proceedings: Not mentioning any previous child custody proceedings can lead to complications. It’s important to be transparent about any past legal matters that may affect the current case.
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Ignoring Property Division: Stating that there is no property to divide when there is can create future disputes. Be honest about assets and debts to avoid complications later on.
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Not Following Court Instructions: Each court may have specific requirements for filing. Not adhering to these can result in the complaint being rejected. Always check local court rules.
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Signature Issues: Forgetting to sign the form or having an incorrect signature can invalidate the document. Ensure that the signature matches the name provided in the complaint.
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Not Including a Notary: Failing to have the document notarized can delay the process. A notary’s signature is often necessary for the complaint to be accepted by the court.
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Overlooking the "Wherefore" Clause: Not clearly stating what relief is being sought from the court can lead to confusion. Be explicit about the requests, such as dissolution of marriage and property settlements.
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Key takeaways
Before starting, ensure that you have the correct Michigan Complaint Divorce form. This document is essential for initiating the divorce process in Michigan.
Gather all necessary information about both parties, including full names, addresses, and contact details. This information is crucial for accurate filing.
Confirm residency requirements. Both parties must have lived in Michigan for at least 180 days and in the specific county for at least 10 days prior to filing.
Clearly state the date and location of the marriage. This information helps establish the timeline of the relationship.
Detail any minor children involved. Include their names, dates of birth, and current living arrangements to address custody and support issues.
Indicate whether there are any other ongoing legal proceedings related to the marriage or children. This helps the court understand the context of the case.
Complete the property section accurately. If there are assets or debts to divide, mention them. If not, note that a Property Settlement Agreement will resolve these matters.
Sign the form in front of a Notary Public. This step is essential for validating the document and ensuring it is legally binding.
Submit the completed form to the appropriate court. Remember to keep copies for your records, including the original and any additional copies required.
Michigan Complaint Divorce 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:
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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Address |
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City, State Zip |
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Phone |
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prior to marriage, if any |
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Current Address: |
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Current Address: |
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Date of Birth: |
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Occupation: |
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Employer’s |
Name and Address: |
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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
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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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Understanding Michigan Complaint Divorce
What is the Michigan Complaint Divorce form?
The Michigan Complaint Divorce form is a legal document used to initiate the divorce process in Michigan. It outlines the basic information about the marriage, the parties involved, and the reasons for the divorce. This form is filed with the family division of the circuit court in the county where either spouse resides.
Who needs to fill out the form?
Both spouses need to provide information on the form. The person initiating the divorce is known as the Plaintiff, while the other spouse is referred to as the Defendant. It is essential for both parties to have been residents of Michigan for at least 180 days and of the specific county for at least 10 days prior to filing.
What information is required on the form?
The form requires various details, including:
- Names and addresses of both the Plaintiff and Defendant.
- Date of marriage and details about the separation.
- Information about minor children, if any, including their names and dates of birth.
- Details about property and debts that need to be addressed.
Completing this information accurately is crucial for the court to process the divorce effectively.
What happens after the form is filed?
Once the Complaint for Divorce is filed with the court, a copy must be served to the Defendant. The Defendant will then have a specified period to respond to the complaint. If both parties agree on the terms of the divorce, they may proceed with a settlement agreement. If not, further court hearings may be necessary.
Can the Plaintiff restore their maiden name?
Yes, the Plaintiff can request to have their maiden name restored as part of the divorce proceedings. This request should be clearly indicated on the form. If the Plaintiff does not wish to restore their maiden name, they can simply state that no restoration is requested.
What if there are minor children involved?
If there are minor children from the marriage, the form requires specific information about their custody and living arrangements. The parties must address issues of child support and visitation, which can be resolved through a Separation and Property Settlement Agreement. This agreement should be submitted to the court for approval.
Is legal representation necessary to file this form?
While it is not legally required to have an attorney to file the Complaint for Divorce, it is highly recommended. Legal representation can help ensure that all aspects of the divorce are handled correctly and that your rights are protected throughout the process. If you choose to proceed without an attorney, be sure to understand all the requirements and implications of the divorce proceedings.
How to Use Michigan Complaint Divorce
Once you have gathered the necessary information, you can begin filling out the Michigan Complaint Divorce form. This form is essential for initiating the divorce process in Michigan. Be sure to provide accurate details, as this will help facilitate a smoother legal procedure.
- At the top of the form, write the court address and court telephone number.
- Fill in the case number if you have one, or leave it blank for the court to assign.
- In the section for the plaintiff’s name, write your full name, address, and telephone number.
- Next, fill in the defendant’s name, address, and telephone number.
- If you have an attorney, provide their name, bar number, address, and telephone number. Do the same for the defendant’s attorney, if applicable.
- Indicate whether there is any other pending or resolved action involving the family by checking the appropriate box.
- In the Complaint for Divorce section, state your name and whether you are the Wife or Husband.
- Confirm residency by indicating if you and the defendant have lived in Michigan for at least 180 days and in the specified county for at least 10 days.
- Provide statistical information for both parties, including name, name prior to marriage, current address, date of birth, occupation, and employer’s name and address.
- Indicate the date and county where you were married, along with the wife’s maiden name.
- State the date of separation.
- Note whether there are any properties to be divided or if there are minor children involved.
- If there are minor children, list their names, dates of birth, and social security numbers.
- Provide information about the current living arrangements of the children and any prior custody proceedings.
- Describe the breakdown of the marriage and state that the marriage cannot be preserved.
- Indicate whether you will execute a Property Settlement Agreement.
- State your requests regarding the dissolution of marriage and any additional relief you seek.
- Sign and date the form at the bottom.
- Finally, have the form notarized by a Notary Public, who will fill in their information and commission expiration date.
After completing the form, you will need to file it with the appropriate court. Make sure to keep copies for your records and serve the defendant with a copy of the complaint. This initiates the legal process for your divorce.