Revised Statutes of 1846
R.S. of 1846
552.45 Children; enumeration in complaint; notice to prosecutor of friend of court; decree opposition, interest of prosecutor or partners in case.
Sec. 45.
Every bill of complaint filed shall set forth the names and ages of all children of the marriage, and if there are children under 17 years of age a copy of the summons issued in the cause shall be served upon the prosecuting attorney of the county where suit is commenced, or upon the friend of the court in those counties having a population of 500,000 or more that have a friend of the court. The prosecuting attorney or friend of the court so served may enter his or her appearance in the cause, and if, in his or her judgment, the interest of the children or the public good so requires, he or she shall introduce evidence and appear at the hearing and oppose the granting of a decree of divorce. In a case in which there are no children the issue of such marriage under the age of 17 years, if it appears to the court that the public good requires, an order may be entered requiring the prosecuting attorney or friend of the court in counties having a population of 500,000 or more to appear and oppose the granting of a decree of divorce. Nothing in this act prevents prosecuting attorneys or their partners from acting as solicitors or counsel for either party to the suit. If a prosecuting attorney or friend of the court is in any way interested as solicitor or counsel for either of the parties the court shall appoint some reputable attorney to perform the services of prosecuting attorney, as provided in this act, who shall receive the compensation provided for such service.
History: Add. 1887, Act 137, Eff. Sept. 28, 1887 ;-- How. 6263b ;-- CL 1897, 8657 ;-- Am. 1907, Act 315, Eff. Sept. 28, 1907 ;-- Am. 1909, Act 284, Eff. Sept. 1, 1909 ;-- CL 1915, 11433 ;-- Am. 1919, Act 397, Eff. Aug. 14, 1919 ;-- CL 1929, 12764 ;-- Am. 1931, Act 44, Eff. Sept. 18, 1931 ;-- CL 1948, 552.45 ;-- Am. 1963, Act 13, Eff. Sept. 6, 1963 ;-- Am. 2004, Act 376, Imd. Eff. Oct. 11, 2004
PopularName Notes:
No-Fault Divorce
Notes of Decisions
Talbot v. Talbot, 297 N.W.2d 896 (Mich. Ct. App. 1980).
· cites it 2× “Must the prosecutor be served as required by MCL 552.45; MSA 25.121 in every petition to modify a judgment of divorce? 4.”
Yedinak v. Yedinak, 175 N.W.2d 706 (Mich. 1970).
· cites it 2× “CL 1948, § 552.45 (Stat Ann § 25.121). The State commissioner of revenue is ex officio the public guardian of every patient committed to a State institution, upon whom service of process is required in any proceeding against any patient detained in a State institution.”
Berger v. Weber, 267 N.W.2d 124 (Mich. Ct. App. 1978).
“A minor child has a right to legal representation in a child custody proceeding, MCLA 552.45; MSA 25.121. The recent abolition of intra-family tort immunity carries with it the implication that a child has an independent identity.”
Sprenger v. Bickle, 839 N.W.2d 59 (Mich. Ct. App. 2013).
· cites it 2× “However, my conclusion would find further support in any evidence that might reflect that defendant knew of, or had reason to suspect at the time of her April 8, 2011 pro confesso hearing, that she was pregnant with the minor child in question.”
Pruitt v. Pruitt, 282 N.W.2d 785 (Mich. Ct. App. 1979).
· cites it 2× “CL 1948, § 552.45 (Stat Ann § 25.121). The State commissioner of revenue is ex officio the public guardian of every patient committed to a State institution, upon whom service of process is required in any proceeding against any patient detained in a State institution.”
Eigner v. Eigner, 261 N.W.2d 254 (Mich. Ct. App. 1977).
· cites it 4× “MCLA 552.45; MSA 25.121 states in relevant part: "Every bill of complaint filed shall set forth the names and ages of all children of the marriage, and when there are children under 17 years of age a copy of the summons issued in the cause shall be served upon the prosecuting…”
Berg v. Berg, 57 N.W.2d 889 (Mich. 1953).
“CL 1948, § 552.45 (Stat Ann § 25.121). The State commissioner of revenue is ex oficio the public guardian of every patient committed to a State institution, upon whom service of process is required in any proceeding against any patient detained in a State institution.”
In Re Cook Est., 400 N.W.2d 695 (Mich. Ct. App. 1986).
“96 and MCL 552.45; MSA 25.121. [10] While the immediate purposes of the divorce litigation *610 (custody, support and visitation) do not coincide precisely with the probate court's jurisdiction which also involves rights of descent and distribution, the underlying legal and…”
Young v. Young, 164 N.W.2d 585 (Mich. Ct. App. 1968).
“Reference is made to CL 1948, § 552.45, as amended by PA 1963, No 13 (Stat Ann 1968 Cum Supp § 25.”
Jernigan v. Jernigan, 73 N.W.2d 910 (Mich. 1955).
“” CL 1948, § 552.45 (Stat Ann § 25.121) provides, in part: “It shall be the duty of said prosecuting attorney to enter his appearance in said cause, and when, in his judgment, the interest of said children or the public good so requires, he shall introduce evidence and appear at…”
Fish v. Fish, 175 N.W.2d 343 (Mich. Ct. App. 1970).
· cites it 2× “The prosecuting attorney’s presence to testify at the hearing on this matter indicated that he had notice of the pendency of the petition as required by MCLA § 552.45 (Stat Ann 1969 Cum Supp § 25.”
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