To prepare for a divorce or custody case, the following documents and information are required:
1. Case-Initiating Documents: A complaint or petition must be filed to initiate the case. This document should include the allegations required by applicable statutes, residence information, and the complete names and dates of birth of any minors involved in the action, including all minor children of the parties and those born during the marriage. For divorce complaints, the ages of all children born of the marriage must also be included If there are any pending or resolved family division or tribal court cases involving family members of the parties, a case inventory must be completed and filed. This inventory is confidential and not subject to service requirements.
2. Custody Affidavit: In a child custody proceeding, each party must provide a sworn statement or include in their first pleading information about the child’s cur-rent address, places the child has lived in the past five years, and the names and addresses of individuals with whom the child has lived during that period. Additionally, the affidavit must disclose any prior or ongoing custody proceedings, as well as the names and addresses of individuals who have physical custody or claim custody or parenting time rights.
3. Friend of the Court Informational Pamphlet: If the case involves a child under the age of 18, a pregnant party, or a request for child or spousal support, the plain-tiff must serve the Friend of the Court informational pamphlet along with the com-plaint. Proof of service must confirm that the pamphlet was served . The Friend of the Court pamphlet explains court procedures, the duties of the Friend of the Court, the rights and responsibilities of the parties, and the availability of alternative dispute resolution and joint custody. It also provides information on filing grievances against the Friend of the Court.
By ensuring these documents and information are prepared and filed in accordance with the applicable statutes and court rules, you can effectively initiate and proceed with a divorce or custody case.
Please feel free to contact us if you have any questions about this or any other important legal issues/inquiries.
Email us at chip@familylawfirmmichigan.com
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Call us at 248-860-6025