MICHIGAN COMPLAINT FOR DIVORCE ,Flint Divorce AttorneyTerry Bankert 810-235-1970

PREARING A MICHIGAN COMPLAINT FOR DIVORCE 07/11/1
Flint Divorce Lawyer Terry Bankert Prepared this post to work in conjuncatioin with; (1) his face book  group Terry R. Bankert P.C. Family Law and Bankruptcy Discussion which you are invited to join.(2) Blogger group Flint Matrimonial Lawyer the Divorce Process and the Complaint for divorce.An overview of Michigan Family Law and Bankruptcy can be forund at  http://www.attorneybankert.com/.



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CONTENTS

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Complaint for divorce with children annotated

Check list\

Form list

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Complaint for divoerce annotated

[Insert caption.]



[Either]

There is no other pending or resolved action within the jurisdiction of the circuit court’s family division involving the family or family members of the person[s] who [is / are] the subject of the complaint.[2]

[Or]

An action within the jurisdiction of the circuit court’s family division involving the family or family members of the person[s] who [is / are] the subject of the complaint has been previously filed in [this court /    Court], where it was given docket number        and was assigned to Judge        . The action [remains / is no longer] pending.[2]

[Either]

There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint.[2]

[Or]

A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has been previously filed in [this court /      Court], where it was given docket number       and was assigned to Judge      . The action [remains / is no longer] pending.[2]



COMPLAINT FOR DIVORCE[2]

Plaintiff states:

[Plaintiff has / Defendant has / The parties have] been [a resident / residents] of Michigan for at least 180 days and of [county] County for at least 10 days immediately preceding the filing of this complaint.[2]

The parties were legally married in [city, state] on [date].[2]

The complete names and dates of birth of the parties’ children under the age of 18 are [list names and birth dates].[2]

[Plaintiff / Defendant][is not / is] pregnant.[2]

[No Michigan court has continuing jurisdiction over any of the children. / The [county] County Circuit Court has continuing jurisdiction over          , file number [number].][2]

During the marriage, the parties have acquired property and debts, which are to be divided.[2]

Plaintiff’s complete name before this marriage was [name] and is now [name]. Defendant’s complete name before this marriage was [name] and is now [name].[2]

[If requesting child support or spousal support][2]

[2]

The parties separated on or about [date].[2]

The parties have agreed on spousal support.[2]

[Plaintiff is a fit and proper person to have the care, custody, control, and education of the minor children of the parties. / Plaintiff believes it to be in the best interests of the children to have joint custody in Plaintiff and Defendant with primary possession in Plaintiff. / Both Plaintiff and Defendant are fit and proper persons to have joint legal custody and shared physical possession of the parties’ minor children.][2]

The parties have agreed on child custody and parenting time.[2]

The children presently reside with [Plaintiff / Defendant] at [address] and for the last five years have resided with [Plaintiff / Defendant / both parties] at [all addresses].[2]

[2]

[If paragraphs 11, 12, or 13 are affirmative, Plaintiff must give further information under oath as the court requires. A party has a continuing duty to inform the court of other custody proceedings.][2]

Plaintiff [has / has not] participated in any capacity in another child custody proceeding concerning the minor children in this or another state.[2]

Plaintiff [has / has no] information that could affect a child custody proceeding concerning the minor children, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption, pending in a court of this or another state.[2]

Plaintiff [knows / does not know] of a person not a party to these proceedings who has physical custody of the children or claims legal or physical custody or parenting time rights with the children.[2]

[The parties have agreed on child support. / Plaintiff requires support for the minor children of the parties, as well as for himself / herself, including health care, insurance premiums, and expenses.] Plaintiff [also] requires assistance with the attorney fees and costs of this case since [he / she] is unable to pay these expenses without aid. [State facts showing Plaintiff’s need for support or attorney fees and Defendant’s ability to pay.][2]

Temporary restraining orders are necessary

to restrain Defendant from selling, disposing of, hiding, destroying, or removing personal property of the parties, because Defendant has removed property such as [describe];[2]

[2]

and[2]

to restrain Defendant from allowing insurance naming Plaintiff as beneficiary to lapse or be canceled or to change the beneficiary designation on life insurance policies, because Defendant has threatened to do so.[2]

There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.[2]



WHEREFORE, Plaintiff requests the court to

grant a judgment of divorce;[2]

[award possession and custody of the minor children to Plaintiff / award joint custody of the minor children to both parties with primary possession to Plaintiff / award joint legal custody and shared physical possession of the minor children / order custody and parenting time consistent with the parties’ agreement];[2]

order Defendant to pay child support, including health care and child care expenses;[2]

[order Defendant to pay spousal support for Plaintiff / order spousal support consistent with the parties’ agreement];[2]

order Defendant to pay Plaintiff’s attorney fees and costs;[2]

issue an injunction restraining Defendant from selling, hiding, destroying, or otherwise disposing of personal property of the parties;[2]

restrain Defendant from allowing insurance to lapse or be canceled or from changing the beneficiary designation of life insurance policies;[2]

order that Plaintiff’s last name be changed to [name];[2]

enter an agreed-on order of property division or order that the property be equitably divided; and[2]

grant any other relief it determines is equitable in this case.[2]



I declare that the statements above are true to the best of my information, knowledge, and belief.

Dated:                      /s/                                    

[Typed name of Plaintiff]

Plaintiff



Dated:                      /s/                               

[Typed name of attorney (P___]

Attorney for Plaintiff

[Address, telephone]





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Main Checklist

Step 1: Prepare the complaint.[1]

A divorce is commenced by filing a complaint in the family division of the circuit court in the county where either the plaintiff or the defendant resides. The complaint must comply with MCR 2.113 and 3.206.[1]

Step 2: Use the proper case code and caption.

The pleadings vary according to whether the parties have minor children. If minor children are involved, the case number must have a “DM” suffix. See MCR 2.113(C)(1)(c), 8.117.

The caption of the complaint must include a specific statement regarding whether there is a pending or resolved action within the jurisdiction of the family division of the circuit court involving the family or family members that are the subject of the complaint. MCR 3.206(A)(4).

There is some question as to whether the alternative paragraphs required by MCR 2.113(C)(2) for complaints in general—indicating whether or not a previous case has been filed arising out of the transaction or occurrence alleged in the complaint—must still be included in complaints in domestic relations actions. The Sample DM Complaint includes both sets of these alternative paragraphs. Practitioners should check with the circuit court clerk before filing.

Step 3: Include all provisions required by court rule and statute.

A DM Complaint must comply with the general requirements of MCR 2.113, and must include certain information required by court rule and statute.[1]

Step 4: Sign the complaint, and have the client sign.

A complaint for divorce must be verified if it includes certain information required in a DM case or if ex parte relief is sought. MCR 3.207(B)(1). Even when it is not required, it is preferable to have the client sign. The jurat or statement of truthfulness shows that the attorney is relying on the information supplied by the plaintiff and has not independently determined the truthfulness of the allegations.

The plaintiff’s attorney must sign the complaint, and the attorney’s name, address, and telephone number must be on the complaint, just as with other pleadings. MCR 2.113(C). [1]

Step 5: Prepare the summons.

The summons is a notice that an action has been brought against the defendant. It includes the essentials of the action (e.g., the names of parties, the name of the court, the file number, the time within which the defendant must answer). The contents of a summons are prescribed in MCR 2.102(B). You should generally use the SCAO summons form. However, in Wayne County, the court clerk generates the summons when the complaint is filed.

The plaintiff’s attorney must sign the summons. Four original copies should be prepared and signed—one for the court file, one for the plaintiff’s file, one for the defendant, and one to return to the court clerk following service. You must take the four original summonses with you when you file the complaint. The court clerk stamps copies of the summons and returns them to you for service on the defendant. In Wayne and Oakland Counties, the clerk will attach a bar-coded sticker to the documents, which permits the clerk to scan documents filed for the information needed (e.g., the name of the judge, names of counsel). You must attach two copies of the summons to documents used in serving the defendant. Each document in addition to the complaint must be specifically identified on the summons.[1]

The clerk will stamp the expiration date of the summons on its face. The summons expires 91 days after the filing date. MCR 2.102(D). If the defendant cannot be served within the 91 days, you must apply, before the expiration date, for an extension of the expiration date for a period not to exceed one year from the original date of issuance.[1]

Step 6: Prepare a record of divorce or annulment.

The Record of Divorce is a Michigan Department of Community Health (MDCH) form used for statistical purposes. It is sometimes filed in the beginning of the case and sometimes filed when the judgment is entered. Check with the court clerk in your jurisdiction to see what the court requires.

You must request the Record of Divorce from the MDCH by using the Michigan Divorce or Annulment Record Application, which can be done by mail or by an online request. If done by mail, it can take 7 to 15 business days. For information on requesting the record, see http://www.michigan.gov/documents/VitalRecords_4_03_64015_7.pdf. [1]

Step 7: Prepare a verified statement.

A verified statement signed by the plaintiff is required by MCR 3.206(B)(1) if there are minor children or a claim for spousal support. A verified statement must be filed in every case involving minor children, regardless of whether an order of child support is being requested at the time of filing the complaint. The verified statement is available as a preprinted standard form.

The original is filed with the Friend of the Court, not the court. A copy is served on the defendant. In cases involving domestic violence or stalking, the copies that are served on the defendant may have the plaintiff’s address and phone number omitted. The original filed with the Friend of the Court is typically not made available to the defendant or the defendant’s attorney. (Attorneys might want to check local practice.)[1]

Step 8: File the complaint and other necessary documents.

Use the Checklist for Filing for Divorce (With Minor Children) as a guide to help you file the appropriate documents with the appropriate parties. After the complaint and supporting documents have been filed, a case number assigned, and any ex parte orders signed, conformed copies are mailed to the client (see Checklist of Items to Be Mailed to Client (Filing for Divorce)).

For guidance on seeking ex parte and other temporary orders, see How-To Kit: Obtain an Initial Order for Child Custody and Support in a Divorce Case, How-To Kit: Obtain a Restraining Order in a Divorce Case, and How-To Kit: Obtain an Order for Temporary Spousal Support.[1]

Step 9: Pay the filing fee or apply for a waiver.

A $150 filing fee must be paid when the complaint is filed with the court clerk. There is an additional $40–$80 fee if there is domestic relations mediation and this increases further if the Friend of the Court makes a recommendation. MCL 600.2529(1)(d). Some courts require that this additional fee be paid when the complaint is filed; other counties require payment when the judgment is entered and the judgment fee paid.[1]

When neither party has resources to pay filing fees, the client may qualify to have filing fees and court costs waived. A waiver of fees and costs is obtained ex parte. Suspension of fees is automatic for recipients of public assistance who provide an ex parte affidavit or other proof. MCR 2.002(C). A party who is indigent but not receiving assistance must file a motion or an affidavit for a waiver of fees and costs that contains facts demonstrating the indigency. A statement of income, expenses, and assets is usually sufficient.[1]

Step 10: Serve the defendant.

You will need to serve the defendant with the summons and complaint, a copy of all other pleadings filed, a copy of any ex parte orders entered, and, for other motions, the motion and notice of hearing. Use the Checklist for Service (Divorce) as a guide. If minor children are involved, a party is pregnant, or child or spousal support is requested, you must also serve the Friend of the Court informational booklet and file proof of service. MCR 3.203(I).[1]



-FORMS TO CONSIDER

Forms [1]

Complaint for Divorce With Minor Children



Summons and Complaint (MC01) [1]



Record of Divorce or Annulment [1]



Michigan Divorce or Annulment Record Application [1]



Verified Statement and Application for IV-D Services (FOC23) [1]



Checklist for Filing for Divorce (With Minor Children)

Checklist of Items to Be Mailed to Client (Filing for Divorce) [1]



Affidavit and Order, Suspension of Fees/Costs (MC20) [1]



Checklist for Service (Divorce[1]



Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416)1]



Cover Letter for Service on the Defendant (Divorce)[1]





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SOURCE:

[1] From ICLE How to kit on complaint for divorce.File for Divorce (With Minor Children)

Adapted from materials in Divorce Cases in Michigan: A Systems Approach by Monika U. Holzer Sacks.

[2] Adapted from materials in Divorce Cases in Michigan: A Systems Approach by Monika U. Holzer Sacks.