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When individuals in Michigan find themselves at the crossroads of ending a marriage or annulling it, they are introduced to the Michigan DCH 0838 form, a pivotal document that effectively records this significant change in their lives. Sanctioned by MCL 333.2813, this form collects comprehensive details including the full names, birthdates, and residences of both parties involved - labelled as plaintiff and defendant for clarity. Additionally, it delves into the specifics of the marriage, noting the number of times either party has been married before, the birthplaces, and the residency details leading up to the dissolution of marriage. Not only does it serve as a formal record by noting the place and date of the marriage, but it also marks the date the couple last resided together, thereby painting a full picture of the relationship timeline. Crucially, the form addresses the presence and custody disposition of any minor children within the household, ensuring their welfare is considered in the proceedings. With sections designated for the plaintiff’s attorney information and the final judgment details, including custody awards and the divorce or annulment decree date, the form underscores the legal solemnity of the process. The certifying official's signature at the end signifies the form's legal validation, emphasizing the seriousness of providing accurate information under penalty of law. The Michigan DCH 0838 form, therefore, stands as a critical document in the legal landscape of marriage dissolution, embodying the state's commitment to the orderly and humane adjudication of such personal transitions.

Form Preview Example

__________________________________

State File Number

RECORD OF

DIVORCE OR ANNULMENT

MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES

By authority of MCL 333.2813.

_________________________________

Court Case Number

_________________________________

County

1. Plaintiff’s Full Name _______________________________________________________ 2.

Plaintiff’s Birthdate ______________

Male

Female

(First, Middle, Last)

(Month, Day, Year)

 

 

3.Last Name Before First Married (if different) _____________________________________________________________________

4.Plaintiff’s Residence _______________________________________________________________________________________

(City, Village, or Township)(County)(State)

5.

Plaintiff’s Birthplace ______________________________________________________ 6. Number of this Marriage __________

 

 

 

 

 

(State or Foreign Country)

(First, Second, etc. - Specify)

7.

Defendant’s Full Name ____________________________________________________ 8. Defendant’s Birthdate ____________

 

Male

Female

(First, Middle, Last)

(Month, Day, Year)

9.Last Name Before First Married (if different) _____________________________________________________________________

10.Defendant’s Residence _____________________________________________________________________________________

(City, Village, or Township)(County)(State)

11. Defendant’s Birthplace ___________________________________________________ 12. Number of this Marriage __________

 

 

(State or Foreign Country)

 

(First, Second, etc. - Specify)

13.

Place of this Marriage ______________________________________________________________________________________

 

(City, Village, or Township)

(County)

(State or Foreign Country)

 

 

 

 

 

14.

Date of this Marriage _____________________

15. Date Couple Last Resided

Check if Not

 

 

Separated

______________

in Same Household

 

(Month, Day, Year)

(Month, Day, Year)

 

 

 

 

 

 

 

 

Check If

 

 

16.

Number of Minor Children in Household at Separation Date (Filing Date if Not Separated)

None

______________

 

 

 

 

(Number)

 

17.

Plaintiff’s Attorney _________________________________________________________________________________________

 

 

(Name - Type or Print)

(Bar Number)

 

18.

Attorney’s Address _________________________________________________________________________________________

 

(Number and Street)

(City)

(State)

(Zip Code)

 

 

20. Number of Minor Children Whose

 

 

 

19.

Judgment of ____________________ Physical Custody was Awarded to: Plaintiff____ Defendant____ Joint____ Other____

 

(Divorce/Annulment - Specify)

(Number)

(Number)

(Number)

(Number)

 

 

No Children

Unknown

 

 

21.

Judgment Recorded on _______________________ 22. I certify that this Divorce was granted on ________________________

 

(Month, Day, Year)

 

(Month, Day, Year)

 

23.

Certifying Oficial _________________________________________________________________________________________

 

(Signature)

(Title)

(Date Signed)

 

Failure to provide the required information is a misdemeanor punishable by imprisonment

of not more than 1 year or a ine of not more than $1,000.00 or both.

DCH-0838 (Rev. 08/2015)

File Characteristics

Fact Name Detail
Governing Law By authority of MCL 333.2813
Purpose of the Form Record of Divorce or Annulment
Issuing Department Michigan Department of Health and Human Services
Penalty for Non-Compliance Misdemeanor punishable by imprisonment of not more than 1 year or a fine of not more than $1,000.00 or both

Steps to Writing Michigan Dch 0838

Filling out the Michigan DCH 0838 form, a Record of Divorce or Annulment, is a necessary step in the process of legally documenting the dissolution of a marriage in the state of Michigan. This document, required by the Michigan Department of Health and Human Services, captures essential details about both parties involved in the divorce or annulment, as well as information about the marriage itself. The following steps are designed to simplify the process, ensuring that all necessary information is correctly provided.

  1. Start by entering the State File Number and Court Case Number at the top of the form.
  2. Input the Plaintiff’s Full Name along with their birthdate, and check the box to indicate their gender.
  3. If applicable, write the Last Name Before First Married of the plaintiff.
  4. Fill in the Plaintiff’s Residence, including city, village, or township, county, and state.
  5. Provide the Plaintiff’s Birthplace, specifying the state or foreign country.
  6. Indicate the number of this marriage for the plaintiff (first, second, etc.).
  7. Enter the Defendant’s Full Name, birthdate, and gender.
  8. If applicable, write the Last Name Before First Married of the defendant.
  9. Document the Defendant’s Residence details.
  10. Provide the Defendant’s Birthplace details.
  11. Indicate the number of this marriage for the defendant.
  12. Fill in the Place of this Marriage and select the appropriate location type.
  13. Enter the Date of this Marriage and, if applicable, the Date Couple Last Resided in Same Household.
  14. Note the Number of Minor Children in the Household at the separation date.
  15. Provide the Plaintiff’s Attorney’s name and bar number.
  16. Fill in the Attorney’s Address completely.
  17. Detail the Judgment of divorce or annulment, specifying the type and noting the physical custody arrangements for any minor children.
  18. Indicate the Judgment Recorded on date and certify the Divorce was granted on date.
  19. Finally, the Certifying Official must sign and date the form, including their title.

Completing the DCH 0838 form involves careful attention to detail and accuracy to ensure all data reflects the circumstances of the divorce or annulment. This document plays a crucial role in the official record-keeping of the state and serves as a necessary step towards finalizing the process legally. Once filled out, the form should be reviewed for accuracy before submission to the relevant Michigan Department of Health and Human Services office.

Important Details about Michigan Dch 0838

What is the Michigan DCH 0838 form used for?

The Michigan DCH 0838 form is used to officially record a divorce or annulment in the state of Michigan. It is a legal document that documents the details of the divorce or annulment as recognized by the Michigan Department of Health and Human Services. This form is essential for updating the marital status in official records and can be used for legal and personal references.

Who needs to fill out the Michigan DCH 0838 form?

Typically, this form is completed by the legal representatives, such as attorneys, of the individuals involved in the divorce or annulment. It may also be required by court officials involved in the adjudication of the divorce or annulment. The information must be accurate and reflect the details of the divorce or annulment process as per the court's final judgement.

Where can one obtain the Michigan DCH 0838 form?

The form can be acquired from the Michigan Department of Health and Human Services. It is also available online on their official website or through the court where the divorce or annulment was processed. Legal professionals often have access to these forms as well.

What happens if the Michigan DCH 0838 form is not completed correctly?

If the form is not completed accurately or is left incomplete, it may lead to delays in the processing of the official record of divorce or annulment. This can affect future legal proceedings, the updating of personal records, and the ability to remarry. Incorrect information may also result in misdemeanor charges punishable by imprisonment or fines.

Is there a deadline for submitting the Michigan DCH 0838 form?

While there is not a specific deadline for submitting this form, it should be filed promptly after the final judgement of divorce or annulment is issued by the court. Timely submission ensures accurate records and avoids legal complications.

How is the Michigan DCH 0838 form processed?

Once the form is filled out and submitted, it is reviewed by the Michigan Department of Health and Human Services or the appropriate county office. Upon verification of the information, it is officially recorded in the state's records. The individuals involved in the divorce or annulment will then receive confirmation that the event has been recorded.

Can the information on the Michigan DCH 0838 form be changed after submission?

If there are errors or changes needed after the form has been submitted, it is important to contact the Michigan Department of Health and Human Services or the court that processed the divorce or annulment. Corrections may require legal documentation or a court order.

Who can access the information recorded on the Michigan DCH 0838 form?

Access to the information on the DCH 0838 form is restricted to individuals with a legal right to view it. This includes the individuals involved in the divorce or annulment, their legal representatives, and certain government officials. Requests for access typically require proper identification and justification.

Common mistakes

Filling out the Michigan DCH-0838 form, which is used to record a divorce or annulment, can sometimes be a daunting task. It requires careful attention to detail. A common mistake people make is incorrectly providing personal details such as the full name and birthdate. This is critical because inaccurate personal information can lead to unnecessary delays or the rejection of the form. It’s essential to double-check that all personal information matches the legal documents exactly.

Another issue often encountered is the incorrect listing of the last name before the first marriage, especially in cases where there have been multiple marriages. It’s important to provide the correct last name to avoid confusion and ensure that records are kept accurately. This mistake can complicate the process, especially if there are legal matters linked to previous marriages that need to be considered in the divorce proceedings.

Many also struggle with the details regarding the marriage itself, such as the place and date of the marriage. The accuracy of these details is crucial for the legal system to properly process the divorce. An incorrect date or location can nullify the form, necessitating a resubmission and leading to delays. Careful verification of the marriage details before submission can save time and frustration.

Regarding the number of minor children and custody arrangements, omissions or errors in these sections are not uncommon. Forgetting to mention a child or incorrectly stating the custody decision can have serious legal implications. This information is vital for the court to ensure the well-being of all children involved. Therefore, it’s imperative to be clear, accurate, and comprehensive when filling out these sections.

Last but not least, the failure to properly certify the form by neglecting the signature, title, and date signed by the certifying official is a notable mistake. This oversight can render the submission invalid. The certification confirms the authenticity and accuracy of the information provided, making it a crucial step in the process. A thorough review to ensure that all signatures and certifications are completed can avert this easily avoidable issue.

Documents used along the form

When going through a separation such as a divorce or annulment in Michigan, the Michigan DCH 0838 form acts as an official record of the dissolution of marriage. This form is an essential document, but it's just one component of a larger dossier needed to navigate the intricate process seamlessly. Along with the DCH 0838 form, there are several other documents and forms that individuals often find necessary to complete the process effectively and to address related concerns. Understanding these additional documents can significantly ease the stress of legal proceedings by ensuring that all necessary information and agreements are documented properly.

  • Michigan Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This document is crucial for any divorce case involving children. It provides necessary information regarding the children's residence history and helps in establishing jurisdiction for custody decisions.
  • Financial Statement Form: Both parties in a divorce are often required to fill out a financial statement form. This form outlines each party's financial situation, including income, expenses, assets, and liabilities. It plays a crucial role in determining spousal support, child support, and the division of property.
  • Marital Settlement Agreement: This document outlines the agreed-upon terms between the divorcing parties, including division of property, child support, custody arrangements, and spousal support. It's a critical document that needs to be drafted carefully to ensure fairness and compliance with Michigan law.
  • Summons and Complaint for Divorce: This is often the first set of documents filed with a Michigan court to initiate a divorce. The summons notifies the other party of the legal action, while the complaint lays out the grounds for divorce and initial demands.
  • Notice of Hearing: This document informs both parties of the time and place of court hearings. It's crucial for ensuring that both parties have the opportunity to be present and heard during legal proceedings.
  • Order for Judgment: After the court makes decisions regarding the divorce, child support, custody, and other matters, an order for judgment is issued. This document outlines the court's rulings and is legally binding.
  • Change of Address Form: If either party changes their address during or after the divorce proceedings, this form notifies the court and other relevant entities of the new address, ensuring that all parties receive necessary documents and communications.

Navigating a divorce or annulment involves more than just completing a single form; it often requires a comprehensive set of documents to address all aspects of the separation legally and thoroughly. The Michigan DCH 0838 form is a starting point, documenting the dissolution of marriage, but each of the accompanying documents serves its specific purpose, helping those involved to navigate the process with clarity and to establish agreements that pave the way for future stability. By understanding and properly utilizing these documents, individuals can ensure their interests and those of their family members are well-protected during and after the legal proceedings.

Similar forms

The Michigan DCH-0838 form, utilized for recording a divorce or annulment, shares similarities with the United States Standard Certificate of Live Birth. Both documents require detailed personal information, such as full names, birthdates, and places of birth, ensuring accurate record-keeping within governmental bodies. Moreover, they mandate reporting on specific events (birth or divorce), thereby playing crucial roles in the legal and statistical documentation processes that influence public policy and personal legal status.

Similar to the DCH-0838 form, the Application for Marriage License also gathers personal details about individuals entering into a legal agreement, in this case, marriage. It requests information about previous marital status, mirroring the divorce form’s inquiry into the number of marriages and last names before marriage. Both forms are pivotal in the transition of individuals’ legal and social statuses, carefully documenting life's significant events for legal, governmental, and personal reference.

The Death Certificate is another document akin to the Michigan DCH-0838 form in its formal recording of life-altering events. While one documents the end of a marriage, the other records the end of a life. Each form captures essential information about the individuals involved, including birthdate and place, impacting legal rights, inheritance, marital status, and demographic statistics. They share the common goal of providing an authoritative record for both governmental and personal use.

The Petition for Name Change also parallels the DCH-0838 form, as it involves a legal change in personal status documented by the state. Both require detailed personal identification and undergo legal scrutiny to ensure the legitimacy of the change being recorded — a divorce in one case and a name change in the other. These forms act as critical links between individuals’ identities and their recognition under law.

Child Custody Forms bear resemblance to the divorce or annulment record for their role in documenting changes in family structure and legal responsibilities. Similar sections about the number of minor children, their residences, and custody outcomes reflect mutual concerns for children's welfare post-legal proceedings. Both documents serve as legal evidence and guidelines for new family dynamics following significant life changes.

The Property Settlement Agreement in divorce proceedings shares characteristics with the DCH-0838 form, especially in terms of documenting the outcome of marital dissolution. While the Property Settlement Agreement outlines the distribution of assets and liabilities, the divorce record may summarize the judgment, including financial obligations like child support. These documents work together to formalize the new legal and financial standings of individuals post-divorce.

Lastly, the Domestic Relations Judgment Information Form, which courts often require to finalize divorce or annulment proceedings, complements the Michigan DCH-0838 form. It includes details on the divorce judgment, such as custody and property division, capturing a comprehensive view of the divorce outcomes. While the DCH-0838 form records the event for vital statistics, the Judgment Information Form addresses the legal ramifications and obligations resulting from the dissolution of the marriage.

Dos and Don'ts

When filling out the Michigan DCH 0838 form, a Record of Divorce or Annulment, it is critical to provide accurate and complete information. Below are six things you should do, followed by six things you shouldn't do, to ensure the process goes smoothly.

Things You Should Do

  1. Double-check the State File Number and Court Case Number for accuracy to ensure your document is correctly filed and processed.
  2. Enter the full and legal names of both the plaintiff and the defendant exactly as they appear on legal documents to avoid any discrepancies.
  3. Provide precise dates in the format (Month, Day, Year) for the plaintiff’s and defendant’s birthdates, the date of the marriage, and the date the couple last resided in the same household, ensuring all information corresponds to legal records.
  4. Include the complete address details for the plaintiff’s and defendant’s residences, including city, village, or township, county, and state, ensuring the location is accurate and traceable.
  5. List the number of minor children in the household at the separation date or the filing date if not separated, providing the exact number to ensure clarity in custody arrangements or support obligations.
  6. For the judgment of divorce or annulment section, specify correctly and ensure that the number of minor children whose physical custody was awarded is clear and correct.

Things You Shouldn't Do

  1. Do not leave any required fields blank. Incomplete forms can result in processing delays or outright rejection.
  2. Avoid guessing dates or providing approximate information. Inaccuracies can cause complications in legal proceedings or recordkeeping.
  3. Do not use nicknames or shortened versions of names. Always use the full legal name as it appears in government-issued identification.
  4. Refrain from assuming the number of this marriage. Be sure to specify exactly, whether it is the first, second, etc., to maintain accurate records.
  5. Avoid omitting details about minor children or their custody arrangements, as this information is crucial for legal and governmental purposes.
  6. Do not sign the form without verifying all the information for completeness and accuracy to prevent any legal or administrative issues.

Following these guidelines will help ensure that your submission of the Michigan DCH 0838 form is complete, accurate, and free of common errors, facilitating a smoother legal process.

Misconceptions

Many people find themselves confused about the Michigan DCH-0838 form, often due to misconceptions about its purpose and how to fill it out correctly. Here are 10 common misconceptions about the Michigan DCH-0838 form, explained to help clear up any confusion.

  • The form is only for divorces. While it is commonly referred to as a record of divorce form, the DCH-0838 form is used for both divorce and annulment records. It serves as an official record for both types of legal separation in the state of Michigan.

  • Anyone can file the DCH-0838 form. In reality, this form is typically filed by a legal professional or a court official. It is part of the official documentation following the finalization of a divorce or annulment and is not usually something that laypersons need to submit on their own.

  • You need to know the state file number to fill out the form. Although the state file number is listed at the top of the form, it is not necessary for you to know this number to complete the form. This number is assigned by the Department of Health and Human Services for their records.

  • It’s mandatory to list the children’s details. While there is a section for minor children in the household at separation, this only needs to be completed if it applies. If there are no minor children, this section can be skipped or marked as none.

  • Both parties need to fill out separate forms. Only one DCH-0838 form is required per divorce or annulment case. It captures information about both the plaintiff and the defendant, so separate forms for each party are not necessary.

  • The form must be filed before a divorce is finalized. Actually, the DCH-0838 form is a record of a divorce or annulment that has already been granted. It is not a filing document but rather a post-judgment form that records the details of the finalized separation.

  • You can submit the form online. As of the latest information, the Michigan DCH-0838 form needs to be submitted in paper form. There is no option to submit this particular form online, as it often contains sensitive information and requires official certification.

  • There is a fee to submit the form. The form itself does not require a fee when submitted as part of the legal process. However, accessing certain divorce records or obtaining certified copies of the form from the state may involve a fee.

  • Filling out the form incorrectly leads to legal penalties. While it's important to fill out the form accurately, mistakes typically do not lead to penalties such as imprisonment or fines. The warning on the form regarding failure to provide information refers to the legal obligation of the court or attorney to submit divorce records, not to clerical errors in the form’s completion.

  • The form can be used as a legal divorce decree. The DCH-0838 form is a record of divorce or annulment, not the decree itself. It contains information summarizing the divorce or annulment for state records but does not serve as legal proof of divorce. For legal proof, one would need a copy of the actual divorce decree.

Understanding these points can significantly reduce confusion and ensure that the DCH-0838 form is filled out and submitted correctly, serving its intended purpose without causing unnecessary complexity or stress.

Key takeaways

Filling out the Michigan DCH 0838 form, also known as the Record of Divorce or Annulment, is a critical step in formalizing the end of a marriage or annulment in the state of Michigan. Here are six key takeaways to guide you through the process:

  • Accurate Personal Information: It's essential to enter all personal details accurately, including the full names, birthdates, birthplaces, and last names before first marriage of both the plaintiff and the defendant. This ensures the legal document reflects the correct identities of the parties involved.
  • Residency Details Are Crucial: Carefully fill out the residences of both parties. Including the city, village, or township, along with the county and state, correctly indicates jurisdiction and can affect where the legal proceedings are carried out.
  • Marriage Details: The form requires specific details about the marriage, including the number of this marriage (first, second, etc.), the place of marriage, and the date of the marriage. This information is vital for records and might be necessary for legal reasons in the future.
  • Children and Custody: If there are minor children in the household, it is important to indicate the number of children at the separation date and detail the custody arrangements decided upon in the judgment.
  • Legal Representative Information: The inclusion of the plaintiff’s attorney’s name and bar number, along with the address, is mandatory. This information confirms that legal counsel is involved and ensures that communications are directed appropriately.
  • Finalization of Divorce or Annulment: Lastly, the form must include the judgment date and be certified by an official, which is crucial for the legal recognition of the divorce or annulment. The certification section is a testament that the divorce was granted and the form was filled out correctly.

It's important to remember that providing incorrect information on the DCH 0838 form can lead to penalties, including imprisonment or fines. Taking the time to fill out the form carefully and accurately is crucial for the legal process to be completed smoothly.

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