The Complaint initiates a court action and is the first document (pleading) filed in a lawsuit, listing the accusations upon which the complaining party bases their request for relief, and the relief sought. This sample document, a Complaint For Divorce, can be used as a model for drafting a similar complaint. Adapt to fit your own facts and circumstances. Available for download in standard format(s). USLF control no. MI-00011
Michigan Complaint For Divorce
Category:
State:
Michigan
Control #:
MI-00011
Format:
Word;
Rich Text
Instant download
Description
What is a Michigan Complaint for Divorce?
A Michigan Complaint for Divorce is a legal document filed by a person seeking to dissolve their marriage in the state of Michigan. This document initiates divorce proceedings and outlines the grounds for the divorce, along with important information about the marriage and any property or debts involved.
Understanding the Key Components
The Michigan Complaint for Divorce consists of several vital components, including:
- Parties Involved: Names and information about the Plaintiff and Defendant.
- Marriage Details: When and where the marriage took place, including the Plaintiff's maiden name.
- Residency Requirements: Statements ensuring both parties meet the residency requirements of Michigan.
- Grounds for Divorce: Explanation of the breakdown in the marriage relationship.
- Asset and Debt Information: Declaration of jointly owned and individually owned property.
Steps to Complete the Form
To complete the Michigan Complaint for Divorce, follow these steps:
- Provide your name as the Plaintiff and the Defendant's name.
- Specify the date and county of the marriage.
- Confirm your residency in Michigan.
- Detail the separation date and any relevant personal circumstances.
- Sign the form in the presence of a notary public.
Who Should Use This Form?
This form is intended for individuals who are seeking a legal divorce in Michigan. Specifically, it is appropriate for:
- Married individuals who have decided to dissolve their marriage.
- Persons with no minor children and who are not expecting children.
- Those who meet Michigan residency requirements.
Common Mistakes to Avoid
When filling out the Michigan Complaint for Divorce, be mindful of these common pitfalls:
- Not providing complete or accurate information about residency.
- Failing to disclose all assets and debts.
- Overlooking the requirement for notarization of your signature.
- Neglecting to check for pending cases involving any family member in the jurisdiction.
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FAQ
From a legal perspective, it generally does not matter who files for divorce first.Filing first creates an opportunity to present the court with various orders before your spouse is notified of the Michigan divorce proceedings. The orders are called Ex Parte, which means literally, on one side only.
However, while you cannot contest the divorce itself in Michigan, you can contest the terms of the divorce.However, custody and parenting time are one of the most hotly contested issues in divorce, and may require court intervention.
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
Once a judge enters a default judgment against you in your divorce case, you may be able to fight the default and get a second chance to respond to the case.The court may reverse the default judgment if you petition them and support your request with proof of mistake or another issue.
After a divorce becomes final -- whether through settlement agreement or after a court decision -- either spouse may still have an opportunity to challenge certain decisions made by the court. One or both spouses can seek to appeal or modify their divorce decree.
Divorce can be denied. When you file a divorce case, you are actually asking the judge to grant you a divorce. But that doesn't mean the judge can deny your request or that your spouse has to sign off on granting you a divorce.It does not matter if your spouse agrees that the marriage can not be saved.
There is one advantage to being the one to file the divorce. The person who files the divorce, under the code of civil procedure, is called the plaintiff and the other party is called the defendant.Another advantage to being a plaintiff is the way a non-suit is handled under the code of civil procedure.
A more feasible estimate is between two and nine months. However, again, that depends on the size of the marital assets, whether children are involved, and whether the divorce is uncontested. When a divorce is contested, and children are involved, it is not unusual for a divorce to last up to a year or more.