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Michigan Family Law - Commencing Case Court Forms
Michigan
Automated document set of MC 01 - Summons, MC 21 - Confidential Case Inventory, FOC 23 - Verified Statement, and DCH-0838 - Record of Divorce or Annulment
Family Law
Michigan Family Law - Commencing Case Court FormsThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
A Record of Divorce or Annulment form is required during the divorce or annulment proceedings, specifically after the final judgment has been granted. This document serves to officially record the dissolution of marriage in the state of Michigan, and it must be accurately completed and filed with the Michigan Department of Health and Human Services for the divorce to be legally recognized.
- Initiation of Divorce: This form comes into play right after the court grants the divorce or annulment.
- Filing of Judgment: You will need this form to document the court's judgment officially.
- Division of Custody and Assets: The form reflects decisions regarding minor children and other outcomes as per the judgment.
The need for the Record of Divorce or Annulment form is triggered after completing the trial or settlement phases of the divorce process, following the court's issuance of a decree. Before reaching this stage, individuals typically file a complaint for divorce, negotiate terms with their spouse (often involving mediation), and potentially complete a Marital Settlement Agreement, which outlines the division of assets, custody arrangements, and other pertinent details. This form is one of the final steps, serving as an administrative conclusion to the legal proceedings.
- Complete the Form: Fill out all required information on the DCH 0838 Record of Divorce or Annulment form, including details for both the plaintiff and defendant, their marriage, and any minor children.
- Prepare Supporting Documents: Gather any necessary legal documents that support your case, such as the divorce decree or annulment judgment.
- File with the Court: Submit the completed form and supporting documents to the clerk's office at the court where the divorce or annulment was granted. Ensure you have the correct court case number and jurisdiction.
- Pay Applicable Fees: Be prepared to pay any filing fees associated with submitting the form. Fees can vary, so check with the court clerk for the exact amount.
- Receive Confirmation: Once filed, request a certified copy of the record for your personal records. Confirm that the form is appropriately recorded and processed by the court.
Defendant's Marriage Number
Indicate which marriage this is for the defendant, similar to the plaintiff's marriage number. Clarifying this helps identify which prior legal documents might be relevant.
Minor Children Count
Include the total number of minor children living in the household as of the date of separation or filing if no separation occurred. This is crucial for custody considerations.
Custody Allocation
Clearly indicate the number of minor children whose physical custody was awarded to each party. If custody is split between multiple parties, make sure the numbers add up and that 'Joint' or 'Other' is properly marked if applicable.
Judgment Date
Ensure that the recorded date reflects when the judgment was officially entered into court records, not just the date of the court decision. This can affect subsequent actions like appeals.
Previous Last Name
If the plaintiff's last name was different before their first marriage, make sure to provide that last name here. This can be important for cross-referencing with other legal documents.
Marriage Number
Specify which number marriage this is for the plaintiff. For example, if the plaintiff has been married three times, you would write 'Third.' This helps in verifying historical marital data.
Defendant's Previous Name
Similar to the plaintiff's previous last name, ensure that you enter the last name the defendant had before their first marriage, if it was different, for accurate historical records.
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1
Review the filed copy for accuracy and ensure all information matches your records.
2
Submit the Record of Divorce or Annulment form to the Michigan Department of Health and Human Services as required.
3
Await confirmation of filing from the court, which typically arrives via mail or through the court's online system.
4
Prepare for a court hearing if required, where further discussion on divorce terms might be needed.
5
Consult with your attorney regarding the next legal steps and any additional documents that may be required.
