Sunday, March 7, 2010


Initial filings.

KNOW YOUR CUSTODY,SUPPORT AND DIVORCE RIGHTS. Michigan Divorce Lawyer , Custody and support.

You Complaint for Divorce is called the initial filing for a divorce. When there are no children this filing includes a summons, a complaint, filing fees, and a record of divorce or annulment (some counties require filing at the time of entry of the judgment).

When you have children or a request for spousal support, a verified statement must be served on the other party and provided to the Friend of the Court.

When you have children the initial filing for a divorce with minor children must also include information about custody proceedings and the names and birth dates of the minor children.

The complaint must include the following:

The statutory grounds for divorce, without further explanation.

The parties’ complete names and their names before marriage.

Residency information.

Whether a party is pregnant.

The required case caption language.

Whether there are minor children of the parties or minor children born during the marriage.

The complete names and birth dates of any minors involved in the action, including minor children of the parties and all children born during the marriage.

Whether there is property to be divided.

If a request for protection of property is made, facts sufficient to support the relief requested.

If spousal support is requested, a showing of the need for support and the other party’s ability to pay.

If there are minors or a request for child support, whether any Michigan court has continuing jurisdiction over the minor and, if so, the court and file number.

If custody of a minor is to be determined, the following must be included in the complaint or in an attached affidavit:
(1) the child’s present address,
(2) places where the child has lived within the last five years,
(3) names and present addresses of persons with whom the child has lived during that period, (4) whether the party has participated in other litigation concerning the custody of the child in Michigan or elsewhere,
(5) whether the party knows of a proceeding that could affect the current child custody proceeding, and
(6) whether the party knows of a person who is not a party to the proceedings who has physical custody of the child or claims custody or parenting time rights.

Filing fees may be waived. Fees and costs must be waived or suspended for persons receiving public assistance and indigent persons. The judge may hold a hearing to determine if the person is indigent. If the affidavit of indigency is not disputed, the waiver is mandatory.

Attorney Terry R. Bankert based in Flint Michigan. State Wide Divorce practice in mediation. For information about State Wide Family Law issues in your area go to
At my web site there are many Family Law Articles to help you.

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