Michigan Complaint For Divorce
About this form
The Complaint for Divorce is a legal document that initiates divorce proceedings in court. It outlines the grounds for divorce and the relief sought by the plaintiff. This form specifically serves as a template for individuals filing for divorce, differentiating it from other forms such as divorce settlements or child custody petitions.
Key components of this form
- The names of the parties involved in the divorce.
- The date and location of the marriage.
- The residency information for the plaintiff.
- Confirmation of no minor children from the marriage.
- Details on the breakdown of the marriage relationship.
- A request for equitable division of property and assets.
When to use this document
You should use the Complaint for Divorce when you have decided to end your marriage and need to formally file for divorce in court. It is necessary if you wish to initiate the legal process of dissolving your marriage, claim division of assets, or request specific legal relief as part of your divorce proceedings.
Who should use this form
- Individuals seeking to file for divorce in a court of law.
- Parties who have been married and meet the residency requirements of their state.
- People with or without children looking to dissolve their marriage.
Completing this form step by step
- Identify the parties: Enter the names of the plaintiff and defendant.
- Specify the marriage details: Enter the date and county of marriage.
- Provide residency information: Fill in how long each party has lived in Michigan.
- State the grounds for divorce: Describe the breakdown of the marriage.
- Request legal relief: Outline what you are seeking in terms of asset division or other requests.
Is notarization required?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Avoid these common issues
- Failing to include accurate residency details.
- Not clearly stating the grounds for divorce.
- Omitting important information about shared property.
- Submitting the form without a signature or date.
Benefits of completing this form online
- Convenient access to legal forms anytime, anywhere.
- Edit and customize the form to fit your specific situation.
- Obtain reliable templates drafted by licensed attorneys.
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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.