HB-5472, As Passed Senate, September 29, 2004                               

SUBSTITUTE FOR

HOUSE BILL NO. 5472

                                                                             A bill to amend 1846 RS 84, entitled                                              

"Of divorce,"                                                               

by amending section 45 (MCL 552.45).                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 45.  Every bill of complaint filed shall set forth the                 

2   names and ages of all children of the marriage, and  when if

3   there are children under 17 years of age a copy of the summons              

4   issued in the cause shall be served upon the  the  prosecuting              

5   attorney of the county where suit is commenced, or upon the                 

6   friend of the court in those counties having a population of                

7   500,000 or more  which that have a friend of the court.  The               

8   prosecuting attorney or friend of the court so served  shall may

9   enter his or her appearance in the cause, and  when if, in his             

10  or her judgment, the interest of the children or the public good            

11  so requires, he or she shall introduce evidence and appear at the           

1   hearing and oppose the granting of a decree of divorce.  In  any

2   a case  wherein in which there are no children the issue of such           

3   marriage under the age of 17 years,  when if it  shall appear

4   appears to the court that the public good  so  requires, an order           

5   may be entered requiring the prosecuting attorney or friend of              

6   the court in counties having a population of 500,000 or more to             

7   appear and oppose the granting of a decree of divorce.   For                

8   every case which the prosecuting attorney investigates, and in              

9   which he appears by and with the consent of the court, he shall             

10  receive the sum of $5.00, to be paid by the county treasurer upon           

11  the certificate of the circuit judge that such services have been           

12  performed.  Nothing in this act  contained shall be construed as            

13  preventing prevents prosecuting attorneys or their partners from           

14  acting as solicitors or counsel for either party to the suit.  If           

15  a prosecuting attorney or friend of the court is in any way                 

16  interested as solicitor or counsel for either of the parties the            

17  court shall appoint some reputable attorney to perform the                  

18  services of prosecuting attorney, as provided in this act, who              

19  shall receive the compensation provided for such service.