Michigan Uncontested Divorce Complaint + Judgment Filing Packet

MICHIGAN UNCONTESTED DIVORCE — FILING PACKET

PACKET CONTENTS

TAB 1 — RESIDENCY, WAITING PERIOD, AND FOC CHECKLIST

Plaintiff: [____________________________________________]
Defendant: [____________________________________________]
State of Michigan, Circuit Court for the County of [_______________________] — Family Division
Case Number: [_______________]-DO (no minor children) / -DM (with minor children)

Residency (MCL § 552.9)

☐ Plaintiff OR Defendant has resided in Michigan for 180 days immediately preceding the filing.
☐ Plaintiff OR Defendant has resided in [_______________________] County for 10 days immediately preceding the filing.
☐ Date Michigan residency commenced: [__/__/____]
☐ Date county residency commenced: [__/__/____]

Statutory Ground (MCL § 552.6)

☐ "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."

Waiting Period (MCL § 552.9f)

☐ 60 days from filing — no minor children.
☐ Six months from filing — dependent minor child(ren) of the marriage.
☐ Plaintiff requests reduction of the six-month period for unusual hardship or compelling necessity (never below 60 days). Grounds: [____________________________________________].

Friend of the Court (FOC) Triggers

☐ Minor children of the marriage — FOC opens a case for custody, parenting time, and support.
☐ Plaintiff has completed the FOC intake packet (Verified Statement FOC 23 + Domestic Relations Judgment Information FOC 100).
☐ Each parent has completed (or will complete) any county-required parent education program.

Confidential Case Inventory (MCR 3.206(A)(3))

☐ A known pending or resolved family-division or tribal-court case involves a family member named in the complaint. Complete the current SCAO-approved case inventory listing the known cases, file it separately with the court, and keep it confidential. It is not subject to service on the other party.

☐ No such case is known after review; the conditional inventory is not required on the facts currently known.

Child Custody Jurisdiction Affidavit (MCR 3.206(B))

☐ Custody or parenting time will be determined or modified. Complete and file SCAO Form MC 416 with each child's present address, five-year residence and custodian history, other custody proceedings, and persons claiming custody or parenting time. Identify any safety-based request to protect identifying information on the form.

Servicemember Status

☐ Defendant is not on active duty in the U.S. armed forces — OR — ☐ SCRA Affidavit is filed.

TAB 1B — UCCJEA AFFIDAVIT (MC 416; CONDITIONAL)

When custody or parenting time will be determined or modified, attach the completed, sworn SCAO Form MC 416. List each child's five-year residence and custodian history, relevant proceedings, and any nonparty claiming custody or parenting time; use the form's safety provision when identifying information requires protection.

TAB 2 — SUMMONS (MC 01)

Issued by the Clerk. Defendant has 21 days to answer if personally served in Michigan; 28 days if served by mail or outside Michigan. Summons must be served within 91 days of issuance.

TAB 3 — COMPLAINT FOR DIVORCE

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF [_______________________]
FAMILY DIVISION

Case No.: [_______________]-DO (no minor children) / -DM (with minor children)
Judge: [_______________________]

COMPLAINT FOR DIVORCE

NOW COMES Plaintiff, [_______________________________________], and for cause of action against Defendant states:

1. Plaintiff resides at [____________________________________________], in [_______________________] County, Michigan, and has resided in Michigan for at least 180 days and in [_______________________] County for at least 10 days immediately preceding the filing of this Complaint.

2. Defendant resides at [____________________________________________].

3. Marriage. The parties were lawfully married on [__/__/____], at [_______________________] (city, state/country), and have lived together as husband and wife.

4. Statutory Ground. 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. MCL § 552.6.

5. Children. ☐ There are no minor children born of or adopted during the marriage, and Defendant is not now pregnant. ☐ The following minor child(ren) were born of or adopted during the marriage:

6. UCCJEA (if custody or parenting time is at issue). The child's home state is [____________]. The attached SCAO Form MC 416 supplies the required residence, custodian, and proceeding information for each child. Jurisdictional basis: [____________________________________________].

7. Property and Debts. The parties have acquired marital property and incurred marital debts as more fully described in the parties' Marital Settlement Agreement (and attached financial disclosures).

8. Spousal Support. ☐ Plaintiff waives spousal support and the right to seek spousal support in the future. ☐ Spousal support is addressed by the attached Settlement Agreement pursuant to MCL § 552.23.

9. Pension / Retirement. Any rights of either party in the other's pension, annuity, or retirement benefits are governed by the Settlement Agreement and any required Eligible Domestic Relations Order (EDRO) / Qualified Domestic Relations Order (QDRO).

10. Insurance Beneficiary Status (MCL § 552.101). Plaintiff requests that all rights of the parties in any policy or contract of life, endowment, or annuity insurance of the other be determined consistent with the Settlement Agreement.

11. Servicemember. Upon information and belief, Defendant is not entitled to the protections of the Servicemembers Civil Relief Act.

WHEREFORE, Plaintiff prays:

A. That a Judgment of Divorce be entered dissolving the marriage between the parties;
B. That the Marital Settlement Agreement be incorporated into the Judgment;
C. That the Court enter orders for custody, parenting time, and child support consistent with MCL §§ 722.21 et seq. and 552.605, including a Uniform Child Support Order;
D. That Plaintiff's former name of [_____________________________] be restored;
E. For such other and further relief as the Court deems just and equitable.

___________________________________
[PLAINTIFF / ATTORNEY SIGNATURE]
Michigan Bar No.: [__________] (if attorney)
[Firm / Address / Phone / Email]
Date: [__/__/____]

TAB 4 — VERIFIED STATEMENT (FOC 23)

When the action involves a minor, or child or spousal support is requested, the party seeking relief must provide the completed Verified Statement to the friend of the court and serve a copy on the other party under MCR 3.206(C)(1). Do not file it as part of the complaint with the court clerk. It includes:
☐ Identifying information for each party and each minor child (full name, DOB, SSN last 4)
☐ Source of income and employer information
☐ Health insurance availability
☐ Prior support orders

TAB 5 — DOMESTIC RELATIONS JUDGMENT INFORMATION FORM (FOC 100)

Required for the FOC to process the Judgment. Includes child support amount, parenting-time schedule, and address-of-record provisions.

TAB 6 — RECORD OF DIVORCE OR ANNULMENT (DCH-0838)

Michigan Department of Health and Human Services vital records form submitted with the Judgment.

TAB 7 — MARITAL SETTLEMENT AGREEMENT / PROPERTY SETTLEMENT

This MARITAL SETTLEMENT AGREEMENT ("Agreement") is entered into on [__/__/____] between [PLAINTIFF] and [DEFENDANT].

1. Recitals

Parties married on [__/__/____]; the marriage relationship has broken down. Each party acknowledges full disclosure of income, assets, and liabilities via signed financial statements / FOC 23.

2. Real Property

3. Personal Property and Vehicles

4. Financial Accounts, Retirement, and EDRO/QDRO

5. Marital Debts

6. Spousal Support (MCL § 552.23)

☐ Each party waives past, present, and future spousal support and the Court shall not retain jurisdiction.
☐ [______________] shall pay $[________] per month to [______________] as spousal support, modifiable / non-modifiable [strike one], for [____] months.

7. Insurance Beneficiary Designations (MCL § 552.101)

All rights of either party as beneficiary or owner of policies on the life of the other are extinguished except as expressly stated.

8. Custody and Parenting Time

Legal custody: ☐ Joint ☐ Sole to [____________]. Physical custody: ☐ Joint ☐ Sole to [____________]. Parenting time as set forth in Tab 8.

9. Child Support

Calculated under the Michigan Child Support Formula (MCL § 552.605) at $[__________] per month, payable through the Michigan State Disbursement Unit (MiSDU) via income withholding.

10. Health Insurance and Uninsured Expenses

Medical/dental/vision coverage by [______________]. Uninsured costs allocated [____]% / [____]%.

11. Tax Filing / Dependency / Child Tax Credit

[____________________________________________].

12. Name Restoration

Plaintiff's former name of [_____________________________] is restored.

13. Execution of Documents; General Release

Each party releases all claims against the other except those created by this Agreement and shall execute all deeds, titles, and QDRO/EDRO documents within 30 days of the Judgment.

___________________________________ ___________________________________
[PLAINTIFF] [DEFENDANT]
Date: [__/__/____] Date: [__/__/____]

State of Michigan, County of [______________] — Sworn to before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public

TAB 8 — PARENTING TIME / CUSTODY ORDER PROVISIONS

TAB 9 — UNIFORM CHILD SUPPORT ORDER (FOC 10 / 10a)

Required SCAO form setting forth: weekly/monthly base support, medical support, child-care support, abatement schedule, and effective date. Calculated per the Michigan Child Support Formula.

TAB 10 — INCOME WITHHOLDING FOR SUPPORT (OMB-0970-0154)

Each support order provides for income withholding, ordinarily effective immediately. Under MCL 552.604(3), immediate effect may be suspended either by a written agreement entered in the record that provides an alternative payment arrangement, or by a court finding of good cause after notice and hearing. Use the court's income-withholding suspension order form FOC 64 when applicable.

TAB 11 — PROOF OF SERVICE (MC 302)

Filed after Defendant is personally served by sheriff or process server, by certified mail, or by Defendant's signed Acknowledgment of Service.

TAB 12 — DEFAULT / ANSWER / WAIVER

If Defendant fails to answer: Plaintiff files Default (MC 07) and Default Judgment package after expiration of the 21/28-day response period.

If Defendant cooperates: Defendant files an Answer admitting jurisdiction and consenting to entry of Judgment, OR a written Stipulation/Waiver:

I, [DEFENDANT NAME], hereby:
☐ Admit Michigan and county residency, the marriage, and breakdown of the marriage relationship.
☐ Waive further service and notice.
☐ Stipulate to entry of Judgment incorporating the attached Marital Settlement Agreement, Parenting Time provisions, and Uniform Child Support Order.

___________________________________
[DEFENDANT SIGNATURE]
Date: [__/__/____]

TAB 13 — JUDGMENT OF DIVORCE

This matter came before the Court for a hearing on proofs and entry of a Judgment of Divorce after expiration of the statutory waiting period under MCL § 552.9f on [__/__/____], based upon the pleadings, testimony, the parties' Marital Settlement Agreement, and any applicable Uniform Support Order. The Court FINDS:

1. Personal and subject-matter jurisdiction are properly established.
2. The Michigan and county residency requirements of MCL § 552.9 are satisfied.
3. The statutory waiting period under MCL § 552.9f has expired (or, on a proper showing, the court has reduced the six-month period for unusual hardship or compelling necessity to no fewer than 60 days).
4. 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.
5. The Marital Settlement Agreement is fair and equitable; the parenting-time and custody provisions are in the best interests of the minor child(ren); and child support complies with the Michigan Child Support Formula.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The marriage of Plaintiff and Defendant is DISSOLVED.
B. The Marital Settlement Agreement dated [__/__/____] is APPROVED and INCORPORATED into this Judgment.
C. Custody, parenting time, and child support are ORDERED as set forth in the Uniform Child Support Order and parenting-time provisions, filed and incorporated.

Custody provisions (include when custody of a minor is awarded):

1. The child's domicile or residence may not be moved from Michigan without approval of the judge awarding custody or that judge's successor.
2. The person awarded custody must promptly notify the friend of the court in writing when the child is moved to another address.
3. A parent whose custody or parenting time is governed by this Judgment must comply with MCL § 722.31 before changing the child's legal residence.

D. Spousal Support. Select one: ☐ Spousal support is GRANTED to [PARTY] from [PARTY] in the amount of $[AMOUNT] per [PERIOD], under the attached Uniform Spousal Support Order. ☐ Spousal support is RESERVED for future consideration. ☐ Spousal support is DENIED to both parties.
E. The rights of either party as beneficiary or owner of policies on the life of the other are extinguished pursuant to MCL § 552.101, except as expressly preserved herein.
F. Pension/retirement benefits are divided pursuant to the EDRO/QDRO to be entered as a supplemental order.
G. Plaintiff's former name of [_____________________________] is RESTORED.
H. The Court retains jurisdiction over support, custody, and parenting time as to the minor child(ren) and over enforcement of this Judgment.

ENTERED this [__] day of [_____________], 20[__].

___________________________________
CIRCUIT JUDGE, FAMILY DIVISION
[_______________________] COUNTY, MICHIGAN

FILING PROCEDURE AND FEES

Fee Waiver: SCAO Form MC 20 (Fee Waiver Request) if income at or below 125% of federal poverty.

SOURCES AND REFERENCES

• MCL § 552.6 — https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-552-6
• MCL § 552.9 / 552.9f — Residency and waiting period
• MCL § 552.605 — Michigan Child Support Formula
• Michigan State Court Administrative Office (SCAO) Forms — https://www.courts.michigan.gov/SCAO-forms/Domestic-Relations/
• Michigan Legal Help — Divorce — https://michiganlegalhelp.org/resources/family/introduction-divorce-without-children
• Michigan Court Rule 3.206; MCR 3.210
• Michigan Friend of the Court Bureau