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The Michigan DCH 0838 form plays a crucial role in documenting the legal dissolution of a marriage or the annulment process within the state. This form is issued by the Michigan Department of Health and Human Services and collects essential information regarding both parties involved. It includes fields for the full names, birth dates, previous surnames, residences, and places of birth of the plaintiff and defendant. Additionally, the form requires details about the marriage, such as the date and location, the number of previous marriages for each party, and the number of minor children living in the household at the time of separation. Legal representation is also acknowledged, as space is provided for the plaintiff’s attorney's information. Crucially, the form ensures that any judgments regarding child custody are clearly specified. Fulfilling the requirements of this form is not just a matter of procedure; inaccuracies or omissions can lead to legal consequences, underscoring its importance in the legal landscape of divorce proceedings in Michigan. Understanding the Michigan DCH 0838 form can greatly ease the transition for individuals navigating this challenging period in their lives.

Michigan Dch 0838 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)

Get Michigan Dch 0838 PDF Form

Form Characteristics

Fact Name Details
Document Title Record of Divorce or Annulment
Issuing Authority Michigan Department of Health and Human Services
Governing Law MCL 333.2813
Form Revision Rev. 08/2015
Information Required Plaintiff and Defendant’s names, birthdates, residences, and marital history
Minor Children Requires disclosure of any minor children and their custody arrangements
Penalties for Non-compliance Misdemeanor punishable by imprisonment up to 1 year or fines up to $1,000
Certification Requirement Form must include a signature from a certifying official

Guidelines on Utilizing Michigan Dch 0838

Once you have gathered the necessary information, you can proceed to fill out the Michigan DCH 0838 form. This form requires specific personal details about both parties involved in the divorce or annulment process. Make sure you provide accurate and complete information to avoid any delays.

  1. Locate the State File Number and Court Case Number sections at the top of the form. Fill in these numbers as applicable.
  2. Complete section 1 with the Plaintiff’s Full Name: First, Middle, and Last.
  3. In section 2, enter the Plaintiff’s Birthdate using the format (Month, Day, Year). Indicate the gender by checking either Male or Female.
  4. For section 3, write the Plaintiff’s Last Name Before First Married if different.
  5. In section 4, provide the Plaintiff’s Residence details, including City, County, and State.
  6. Fill section 5 with the Plaintiff’s Birthplace.
  7. Section 6 asks for the Number of this Marriage. Specify if it is the First, Second, etc.
  8. Complete section 7 with the Defendant’s Full Name: First, Middle, and Last.
  9. In section 8, enter the Defendant’s Birthdate in the same format as the Plaintiff's and indicate the gender.
  10. For section 9, write the Defendant’s Last Name Before First Married if different.
  11. In section 10, provide the Defendant’s Residence details.
  12. Fill section 11 with the Defendant’s Birthplace.
  13. Section 12 requires the Number of this Marriage for the Defendant. Specify as before.
  14. In section 13, indicate the Place of this Marriage including City, County, and whether it’s a State or Foreign Country.
  15. Section 14 is for the Date of this Marriage.
  16. In section 15, provide the Date Couple Last Resided in Same Household or check the appropriate box if not separated.
  17. Fill section 16 with the Number of Minor Children in Household at Separation Date, or check None if applicable.
  18. In section 17, provide the name of the Plaintiff’s Attorney and their Bar Number.
  19. In section 18, write the Attorney’s Address details.
  20. Complete section 19 by indicating the Judgment of Physical Custody awarded to either Plaintiff, Defendant, Joint, or Other.
  21. In section 20, write the number of minor children whose physical custody was awarded as indicated.
  22. In section 21, include the Judgment Recorded on date.
  23. Section 22 requires you to certify that the divorce was granted on a specific date.
  24. Complete section 23 with the Certifying Official’s Signature, title, and the Date Signed.

What You Should Know About This Form

What is the Michigan DCH-0838 form used for?

The Michigan DCH-0838 form is used to record the legal dissolution of a marriage through divorce or annulment. It collects essential details about the individuals involved, their marriage, and custody arrangements for any minor children. The information gathered is crucial for maintaining accurate public records and for any potential future legal matters relating to the divorce.

Who needs to fill out the DCH-0838 form?

This form must be filled out by the plaintiff in the divorce or annulment process. In cases where there are legal representatives involved, the plaintiff's attorney will typically handle the completion of the form. It is important that all information provided is accurate and complete to ensure proper processing.

What information is required on the DCH-0838 form?

The DCH-0838 form requires detailed information, including the full names and birthdates of both the plaintiff and defendant, their residences, the place and date of marriage, and the number of children involved. Additionally, the form requests details about the legal representation and any judgments related to custody. This comprehensive data ensures that the divorce record reflects the correct legal standing of both parties.

What happens if the required information is not provided?

Failure to provide the required information on the DCH-0838 form can lead to legal consequences. This omission is considered a misdemeanor in Michigan, which could result in imprisonment for up to one year, a fine of up to $1,000, or both. It is crucial to provide accurate and complete information to avoid these penalties.

Where is the DCH-0838 form submitted?

The completed DCH-0838 form must be submitted to the appropriate county clerk’s office where the divorce or annulment is filed. This ensures that the record is officially documented in the public records of the jurisdiction handling the case. It is advisable to retain a copy for personal records as well.

Common mistakes

When completing the Michigan DCH-0838 form, individuals may encounter several common mistakes that can disrupt the process. One frequent error occurs in section 2, where the plaintiff's birthdate is recorded. It's essential to write the date accurately in the specified format, which is Month, Day, Year. Misplacing figures or misunderstanding the date format can lead to delays, as corrections will be necessary before the form can be processed.

Another common mistake involves omitting essential information about the marriage in sections 13 and 14. Specifically, individuals should ensure they provide the exact place and date of the marriage. Inaccurate or vague entries can complicate the verification process. The information needs to be precise, as it directly affects the legal standing of the divorce or annulment.

Additionally, people often forget to check the appropriate boxes regarding custody and children in sections 16 and 20. Failing to indicate whether there are minor children involved can create misunderstandings during review. It is crucial to provide accurate details about custody arrangements and the number of children for the sake of clarity and legal compliance.

Finally, the certification section, specifically item 23, often sees mistakes. The person certifying the document must ensure their signature, title, and date are filled out correctly. Missing this step can result in the document being rejected, causing further delays. All fields should be double-checked for completeness before submission.

Documents used along the form

The Michigan DCH 0838 form is important for recording the details of a divorce or annulment. Several other forms and documents are often used alongside it to manage various aspects of the divorce process. Below is a list of related documents that may be necessary for individuals going through this legal procedure.

  • Plaintiff's Affidavit of Service: This document provides proof that legal papers, such as the DCH 0838 form, were delivered to the other party. It verifies that both parties are aware of the proceedings.
  • Child Custody Agreement: If there are minor children, this document outlines the arrangement for custody. It specifies which parent will have legal and physical custody of the children post-divorce.
  • Property Settlement Agreement: This agreement details how the couple’s assets and debts will be divided. It helps ensure transparency and fairness in the division of property.
  • Joint Parenting Plan: A joint parenting plan establishes how both parents will share responsibilities for their children after the divorce. It covers schedules, decision-making, and communication methods.
  • Final Judgment of Divorce: This official document is issued by the court when the divorce is finalized. It summarizes the court's decisions regarding property, custody, and any other relevant issues.
  • Income and Expense Declaration: This form provides a complete picture of each spouse's financial situation. It is particularly important for determining child support and alimony obligations.

Understanding these documents can simplify the divorce process. Each one plays a role in ensuring that the necessary legal requirements are met and that both parties are informed of their rights and responsibilities.

Similar forms

The Michigan DCH 0838 form, which records the details of a divorce or annulment, shares similarities with several other key legal documents. Understanding these can help clarify the various processes involved in marital dissolutions. Here’s a list of documents that are comparable:

  • Marriage Certificate: This document registers the legal union between two individuals, outlining essential details such as names, date of marriage, and location, serving as a legal counterpart to the divorce record.
  • Divorce Decree: A formal court order that finalizes a divorce, detailing the terms agreed upon by the parties, including custody arrangements and division of assets, similar in its legal significance to the DCH 0838.
  • Separation Agreement: Often used before finalizing a divorce, this document sets forth the terms of living separately and typically covers finances and child custody, paralleling the DCH 0838's focus on family structure.
  • Child Custody Agreement: This legal document specifies custody arrangements for children post-separation or divorce and ties closely to the minor children sections in the DCH 0838 form.
  • Notice of Hearing: This document informs concerned parties of upcoming hearings related to the divorce process, akin to the administrative procedures noted in the form.
  • Affidavit of Support: Used in divorce cases involving financial support, it details the financial obligations of one spouse to the other, similar to the financial disclosures required in the DCH 0838.
  • Pleading Papers: These legal documents present the grounds for divorce and are filed with the court, mirroring the case number and court details found in the DCH 0838 form.
  • Spousal Support Agreement: This document outlines the terms for alimony or spousal support after divorce, reflecting the economic considerations that are a part of the DCH 0838 details.

These documents, while different in purpose, are interconnected in the process of legal marital dissolution, ensuring clarity and thoroughness for all parties involved.

Dos and Don'ts

When filling out the Michigan DCH 0838 form, there are several important do’s and don’ts to keep in mind. These tips will help ensure that your submission is both accurate and complete.

  • Do double-check your information to ensure there are no typos or errors.
  • Do use full names as they appear on legal documents when listing individuals.
  • Do fill in all required fields clearly and legibly.
  • Do specify the number of marriages accurately, as this is important for the record.
  • Do provide accurate birthdates for both the plaintiff and defendant.
  • Don’t leave any required fields blank; incomplete information can delay the process.
  • Don’t use abbreviations or nicknames for names; always provide full legal names.
  • Don’t forget to check the correct boxes where applicable, especially regarding children and marital status.
  • Don’t submit the form without reviewing it one last time for errors.

Following these guidelines will help maintain the integrity of your submission and avoid potential complications down the road.

Misconceptions

The Michigan DCH 0838 form is significant in legal proceedings related to divorce or annulment. However, several misconceptions surround it. Here are five common misunderstandings:

  • The form is only necessary for divorces. Many believe that the DCH 0838 form is required solely for divorce cases. In reality, it is also used for annulments. Both types of legal separations necessitate this form to document the relevant details.
  • Completion of the form guarantees a divorce. Some individuals assume that merely filling out and submitting the form will lead to the automatic granting of a divorce. This is inaccurate. The form is part of the legal process, and a court must review and issue a judgment for the divorce to be finalized.
  • The DCH 0838 form is optional. A common myth is that completing the form is optional, especially if no children are involved. This belief is misleading. The form is mandatory for all divorce and annulment proceedings in Michigan, regardless of whether minor children are present.
  • All information on the form is public. Some believe that all details submitted on the DCH 0838 form are accessible to the public. While certain information may be publicly available, specific personal details can be kept confidential under certain circumstances.
  • Legal representation is not needed to fill out the form. There is a notion that individuals can fill out the DCH 0838 form without any legal guidance. Although it is possible to complete the form independently, seeking legal assistance is advisable. A lawyer can provide critical insights that ensure the form is filled out correctly and conforms with all legal requirements.

Key takeaways

Understanding and properly filling out the Michigan DCH 0838 form is vital for anyone navigating the divorce or annulment process in Michigan. Here are key takeaways to consider:

  1. Form Purpose: The DCH 0838 form records official information about a divorce or annulment.
  2. Accurate Information: Ensure all names, dates, and addresses are accurately completed to avoid future issues.
  3. Gender Identification: Be aware of the gender identification options available for both the plaintiff and defendant.
  4. Residency Details: Provide complete residency information for both parties, including city, county, and state.
  5. Marriage History: Specify if this is the first, second, or subsequent marriage for both parties in the designated sections.
  6. Children's Information: Note the number of minor children involved, as this impacts custody considerations.
  7. Judgment Details: Record the date of judgment and the physical custody awarded to ensure clarity on custody arrangements.
  8. Certification: The form must be signed and dated by a certifying official to validate the divorce.
  9. Penalties for Inaccuracy: Failure to provide accurate information can lead to legal penalties, so double-check all entries.

Completing this form thoughtfully and thoroughly can pave the way for a smoother process during what can be a challenging time.

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