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The North Carolina Department of Health and Human Services (DHHS) Certificate of Absolute Divorce or Annulment serves as an essential document for those navigating the complexities of marital dissolution. This form captures critical details surrounding the divorce or annulment process, including the names and residences of both parties involved — the plaintiff and the defendant. Key information, such as the marriage date, place, number of minor children, and the date of separation, is also meticulously recorded. A certification section ensures the validity of the information presented, requiring the Clerk of Superior Court or designated officials to affirm that the data is accurate and obtained from court documents. The form plays a vital role not only in legal contexts but also in personal matters, as it may be necessary for future legal actions, name changes, or changes in marital status. By providing a clear framework for documenting these life changes, the DHHS form assists individuals and legal entities alike in understanding and confirming the dissolution of marriage in North Carolina.

Dhhs Example

N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES

N.C. VITAL RECORDS

STATE OF NORTH CAROLINA

CERTIFICATE OF ABSOLUTE DIVORCE OR ANNULMENT

File Number: _____________________________

 

County: __________________________________

 

 

 

 

 

 

 

 

 

 

 

 

PLAINTIFF

 

 

 

 

 

 

 

 

 

 

Husband

FIRST

 

MIDDLE

LAST

1.

Wife

 

 

 

 

 

 

 

 

 

 

 

 

 

RESIDENCE

STATE

 

 

COUNTY

 

2a.

 

 

 

 

2b.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DEFENDANT

 

 

 

 

 

 

 

 

 

 

Husband

FIRST

 

MIDDLE

LAST

3.

Wife

 

 

 

 

 

 

 

 

 

 

 

 

 

RESIDENCE

STATE

 

 

COUNTY

 

4a.

 

 

 

 

4b.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARRIAGE

 

 

 

 

 

 

 

 

DATE OF THIS MARRIAGE

 

 

PLACE OF THIS MARRIAGE

 

5.

 

 

 

 

6.

 

 

 

 

 

 

 

NUMBER OF MINOR CHILDREN

 

 

DATE OF SEPARATION

 

7.

 

 

 

 

8.

 

 

 

 

 

 

 

 

 

 

CERTIFICATION

I hereby certify that the above information as abstracted from court documents is true and correct. The divorce annulment was rendered in the above

entitled matter on the ________________ day of _____________________________________________________.

 

____________________________________

Signature

__________________________________________________________________

Date

 

Clerk of Superior Court

Assistant CSC

Deputy CSC

DHHS 2089 (Revised 07/13)

N.C. Vital Records (Review 07/16)

After printing form, please cut on dashed line

to create a form with the dimensions of 8.5 inches by 7 inches.

Form Characteristics

Fact Name Details
Governing Agency The form is issued by the N.C. Department of Health and Human Services.
Purpose of the Form This form serves to certify the absolute divorce or annulment in the state of North Carolina.
Content Overview The form requires detailed information about both the plaintiff and defendant, including names, residences, and marriage details.
Filing Requirements It must be filed with the Clerk of Superior Court in the appropriate county.
Children Information The form requests the number of minor children involved in the divorce or annulment.
Date of Separation A specific date of separation must be provided to validate the formal process.
Signature Requirement A signature from the Clerk of Superior Court or an authorized official is necessary for certification.
Format Specifications After printing, the form should be cut to a size of 8.5 inches by 7 inches as per instructions.
Revision Date The current version of the form was revised on July 13, 2013.

Guidelines on Utilizing Dhhs

Once you have the DHHS form ready, ensure you have the necessary information before you start filling it out. Follow these steps to complete the form accurately.

  1. Enter the File Number in the designated box at the top of the form.
  2. Specify the County where the court case was filed.
  3. For the PLAINTIFF (Husband), fill in the FIRST, MIDDLE, and LAST names.
  4. In the Wife section, enter the FIRST, MIDDLE, and LAST names of the wife.
  5. Indicate the RESIDENCE STATE and COUNTY of the husband.
  6. Fill in the RESIDENCE STATE and COUNTY of the wife.
  7. For the DEFENDANT (Husband), repeat steps 3-6 to enter the names and residence details.
  8. Provide the DATE OF THIS MARRIAGE and the PLACE OF THIS MARRIAGE.
  9. Enter the NUMBER OF MINOR CHILDREN and the DATE OF SEPARATION.
  10. In the CERTIFICATION section, read the statement and then sign and date it as required.

After filling out the form, print it. Be sure to cut along the dashed line to achieve the correct dimensions of 8.5 inches by 7 inches.

What You Should Know About This Form

What is the purpose of the DHHS form for Certificate of Absolute Divorce or Annulment?

The DHHS form serves as a formal document to certify the dissolution of a marriage through divorce or annulment in North Carolina. It is an essential record that contains important details such as the names of the involved parties, the date of marriage, and the date of separation. By providing this information, the form helps establish that a legal divorce or annulment has been granted, which can be important for various legal and administrative purposes, including remarriage, benefits, and custody matters.

Who is required to complete this form?

This form is typically completed by the Clerk of Superior Court or an authorized representative when a divorce or annulment is finalized. It is important for the plaintiff and defendant to ensure that all information is accurately recorded, reflecting the details in the court documents. Although the parties involved may not fill out the form themselves, they may need to provide necessary information to the Clerk to ensure correctness.

What information is needed to fill out the DHHS form?

To complete the DHHS form, the following information is required: the full names of both the plaintiff and the defendant, including first, middle, and last names; their residences; the date and location of the marriage; the number of minor children from the marriage; and the date of separation. It’s crucial to ensure that this information is accurate and matches the court documents to avoid any potential issues in the future.

How can I obtain a copy of the DHHS form?

The DHHS form can typically be obtained from the North Carolina Department of Health and Human Services website or directly from the Clerk of Superior Court’s office in your county. Once located, the form can be printed. Note that there is an instruction to cut the printed document along the dashed line to achieve the proper dimensions. Be sure to check if any additional paperwork or identification is required when submitting the form to ensure it is processed smoothly.

Common mistakes

Filling out the North Carolina Department of Health and Human Services (DHHS) form for a certificate of absolute divorce or annulment can feel daunting. However, making careful choices can ease this process. Unfortunately, many individuals make common mistakes that can lead to delays or complications. Here are five frequent pitfalls to avoid.

One common mistake is incomplete information. Each section of the form requires specific details about both the plaintiff and defendant, as well as crucial dates related to the marriage and separation. If any field is left blank, it can lead to delays in processing. Ensure you provide accurate names, addresses, and dates. Double-check every entry before submitting.

Another significant error involves incorrect names. It’s essential to write names exactly as they appear on official documents. Typos or variations in names can lead to confusion. For example, failing to include a middle name or using a nickname instead of a legal name could mean that records do not match. Always verify the spelling of both parties’ names carefully.

Inaccuracy concerning the marriage or separation dates is also a frequent error. Failing to note the correct dates can impact the timeline of events, which may be critical for legal reasons. Review any documentation related to the marriage and separation to ensure that the dates entered are precise and accurate. A small mistake can change everything.

People often overlook the signature requirement. The form asks for a certification signature from the Clerk of Superior Court or their designated representative, and it's easy to forget this step. Without a valid signature, the form cannot be processed. Remember, a signature signifies that the information provided is true and can hold legal weight.

Lastly, forgetting to check the form's dimensions before printing can lead to further complications. After filling out the form, you need to cut it to the specified size. Neglecting to do so can result in an improperly formatted document that could be rejected. Always follow the instructions carefully, right down to the size specifications.

By being mindful of these common mistakes, you can ensure that your DHHS form is filled out correctly. Paying attention to details saves time and helps facilitate a smoother process for obtaining your divorce or annulment certificate.

Documents used along the form

The North Carolina Department of Health and Human Services Certificate of Absolute Divorce or Annulment form is often accompanied by several other important documents. Each of these plays a crucial role in the divorce process. Here’s a list of commonly used forms and documents:

  • Divorce Complaint: This document initiates the divorce process. It outlines the reasons for the divorce and the relief or outcomes being sought by the plaintiff.
  • Separation Agreement: This is a contract between spouses detailing the terms of their separation, including asset division, custody arrangements, and any support obligations.
  • Affidavit of Service: This form proves that the divorce papers were delivered to the other spouse. It is usually filed with the court to confirm that due process was followed.
  • Financial Affidavit: Required for determining spousal support and child support. This document provides a detailed account of each party’s financial situation, including income, expenses, and assets.
  • Child Custody Agreement: If children are involved, this document outlines living arrangements, visitation rights, and other parental responsibilities post-divorce.
  • Notice of Hearing: This form notifies both parties of the scheduled court hearing for the divorce case. It ensures that all participants are aware of the proceedings.
  • Final Judgment of Divorce: Once the divorce is finalized, this document officially ends the marriage. It includes details of any court decisions regarding property and child custody.

Gathering these documents is essential for a smooth divorce process. Each form serves a specific purpose and contributes to the overall legal procedures involved. When proceeding with a divorce, ensure all documentation is accurate and readily available.

Similar forms

The DHHS form, specifically the N.C. Certificate of Absolute Divorce or Annulment, shares similarities with several other legal and administrative documents. Each of these documents serves specific purposes but often contains comparable information regarding personal statuses and legal proceedings. Below is a list outlining eight documents similar to the DHHS form and their relationships.

  • Marriage Certificate: This document officially records the marriage of two individuals, providing details like names, date, and location of the marriage, similar to how the DHHS form captures marital information.
  • Divorce Decree: Issued by the court, a divorce decree finalizes a divorce, detailing terms such as asset division and child custody, paralleling the outcome noted in the DHHS form.
  • Child Custody Agreement: Similar in structure, this agreement outlines the custody arrangement for minor children following separation, reflecting the DHHS form's requirement for minor children’s information.
  • Annulment Certificate: This document formally declares a marriage null and void, providing a legal equivalent to the annulment noted in the DHHS form.
  • Separation Agreement: A legal document outlining the responsibilities and rights of each spouse during separation, it often shares common elements with the DHHS form, particularly concerning the date of separation.
  • Certificate of Live Birth: Similar to identifying personal information, this document records vital details about a person’s birth, contrasting the DHHS form, which addresses marital status.
  • Death Certificate: This legal document records the passing of an individual, offering information about the deceased that can be relevant in divorce scenarios, such as widowhood, paralleling the personal details required by the DHHS form.
  • Affidavit of Support: Used in immigration contexts, it requires personal and financial information, akin to the DHHS form's requirement for identity verification, demonstrating the need for personal information in legal documentation.

Dos and Don'ts

Completing the DHHS form accurately is crucial for a smooth process. Below are guidelines on what you should and shouldn't do when filling out this important form.

  • DO ensure all names are spelled correctly. Mistakes in names can cause delays.
  • DO provide accurate information regarding the marriage date and separation date. Double-check these dates against official documents.
  • DO sign and date the certification section. An unsigned form will be rejected.
  • DO use black or blue ink when filling out the form. This makes it easier to read and process.
  • DON'T leave any fields blank. If a section does not apply to you, indicate that with "N/A."
  • DON'T forget to cut the form along the dashed line after printing it. This ensures it meets the required dimensions.

Misconceptions

Here are some common misconceptions about the DHHS Certificate of Absolute Divorce or Annulment form used in North Carolina. Understanding these points can help clarify the process and ensure accurate submissions.

  • The form is only required for legal separation. This is a mistaken belief. The form is specifically for documenting an absolute divorce or annulment, not just separation.
  • Only one spouse can file this form. In truth, both parties have the option to submit the form, but it must be completed accurately by either spouse.
  • The form is not necessary if there's a mutual agreement. Even in cases of mutual agreement, the form is still required to document the legal divorce or annulment formally.
  • You can submit the form at any time after separation. This isn't accurate—there are specific timeframes for filing the form that must be adhered to according to North Carolina law.
  • Filling out the form guarantees a quick divorce. Unfortunately, the completion of the form does not guarantee faster processing; other factors influence the timeline.
  • All fields must be completed even if some information is unknown. While it's important to provide as much information as possible, if certain details are unknown, you should not leave blank fields; write "unknown" or similar notations instead.
  • This form can be used in any state. This is incorrect. The DHHS form is specific to North Carolina and may not be accepted outside the state.
  • Signature from one party is sufficient. The form requires a certification signature from the Clerk of Superior Court or an authorized person, not just the parties involved.

Addressing these misconceptions fosters a better understanding of the divorce process and helps ensure that the necessary documentation is handled correctly.

Key takeaways

When filling out and utilizing the DHHS form for a Certificate of Absolute Divorce or Annulment, consider the following key takeaways:

  • Ensure that the file number is completed accurately, as it links the form to specific court records.
  • Specify the county where the divorce proceedings took place.
  • Provide complete names for both the plaintiff and the defendant, including first, middle, and last names.
  • Indicate the residence for both the plaintiff and defendant, specifying state and county.
  • Fill in the marriage date and place of the marriage accurately to avoid potential discrepancies.
  • Count and state the number of minor children involved, which may impact child custody considerations.
  • Clearly indicate the date of separation, which is crucial in defining the timeline of the divorce.
  • A certification statement requires a signature, affirming that all provided information is accurate to the best of your knowledge.
  • Include the date of signing the certification to establish when the form was completed.
  • After printing the form, remember to cut along the dashed line to ensure the correct dimensions for submission.

Completing the DHHS form with attention to detail helps facilitate a smoother process during legal proceedings regarding divorce or annulment.