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Blank Michigan Dch 0838 PDF Form

The Michigan DCH 0838 form serves as the official record of divorce or annulment within the state. This document collects essential information about both parties, their marriage, and any minor children involved. Completing this form accurately is crucial for legal compliance and proper documentation of the divorce process.

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Article Guide

The Michigan DCH 0838 form is a crucial document for anyone navigating the divorce or annulment process in the state. This form, officially titled the Record of Divorce or Annulment, captures essential details about both parties involved in the legal proceedings. It requires the full names and birthdates of the plaintiff and defendant, along with their residences and birthplaces. Additionally, the form asks for information regarding the marriage itself, including the date and location of the ceremony, as well as the number of previous marriages for both individuals. A significant aspect of the DCH 0838 is its focus on children; it records the number of minor children in the household at the time of separation and details regarding custody arrangements. The form also necessitates the involvement of legal representation, requiring the attorney's name and bar number. It's important to note that failure to provide accurate information on this form can lead to serious legal consequences, including fines or imprisonment. Completing this form accurately and promptly is essential for ensuring that the divorce or annulment is processed smoothly and legally.

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__________________________________

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
		15. Date Couple Last Resided	Separated	______________
		in Same Household	Separated	______________
	(Month, Day, Year)	in Same Household	□	(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)

➤ PDF File

Form Specifications

Fact Name	Details
Form Title	Record of Divorce or Annulment
Governing Law	Michigan Compiled Laws (MCL) 333.2813
Purpose	This form records the details of a divorce or annulment in Michigan.
Filing Requirement	Must be filed with the Michigan Department of Health and Human Services.
Information Required	Includes names, birthdates, residences, and marriage details of both parties.
Minor Children	Information about minor children in the household at separation is required.
Certification	A certifying official must sign the form, confirming the divorce was granted.
Punishment for Incomplete Information	Failure to provide required information can result in a misdemeanor charge.
Revision Date	Last revised in August 2015.

Michigan Dch 0838: Usage Guidelines

After completing the Michigan DCH 0838 form, you will submit it to the appropriate court or agency as required. Ensure all information is accurate and complete to avoid any delays in processing.

Obtain the Michigan DCH 0838 form from the Michigan Department of Health and Human Services website or your local courthouse.
Fill in the State File Number and Court Case Number at the top of the form.
Enter the Plaintiff’s Full Name, including first, middle, and last names.
Provide the Plaintiff’s Birthdate in the format of Month, Day, Year. Indicate gender by checking the appropriate box.
If applicable, enter the Last Name Before First Married for the plaintiff.
Fill in the Plaintiff’s Residence, including city, county, and state.
Provide the Plaintiff’s Birthplace including city and state or foreign country.
Indicate the Number of this Marriage (e.g., first, second) and specify if it’s a state or foreign country.
Enter the Defendant’s Full Name, including first, middle, and last names.
Provide the Defendant’s Birthdate in the format of Month, Day, Year. Indicate gender by checking the appropriate box.
If applicable, enter the Last Name Before First Married for the defendant.
Fill in the Defendant’s Residence, including city, county, and state.
Provide the Defendant’s Birthplace including city and state or foreign country.
Indicate the Number of this Marriage for the defendant (e.g., first, second) and specify if it’s a state or foreign country.
Fill in the Place of this Marriage, including city, county, and state or foreign country.
Enter the Date of this Marriage in the format of Month, Day, Year.
Provide the Date Couple Last Resided in Same Household in the format of Month, Day, Year. Check the box if not separated.
Indicate the Number of Minor Children in Household at Separation Date or filing date if not separated.
Enter the Plaintiff’s Attorney name and bar number.
Fill in the Attorney’s Address, including number and street, city, state, and zip code.
Indicate the Number of Minor Children Whose Physical Custody was Awarded to (Plaintiff, Defendant, Joint, Other).
Enter the Judgment of date (Divorce/Annulment) and specify if applicable.
Provide the Judgment Recorded on date in the format of Month, Day, Year.
Certify the divorce by entering the date it was granted and signing in the Certifying Official section.

Your Questions, Answered

What is the Michigan DCH 0838 form?

The Michigan DCH 0838 form is a document used to officially record a divorce or annulment in the state of Michigan. It collects essential information about the parties involved, including their names, birthdates, and details about the marriage. This form is crucial for maintaining accurate state records regarding marital status changes.

Who needs to fill out the DCH 0838 form?

The form must be completed by the parties involved in the divorce or annulment. Typically, it is filled out by the plaintiff, who is the person initiating the divorce. However, both parties may need to provide information, especially when it comes to details about children or shared assets.

What information is required on the DCH 0838 form?

The form requires several pieces of information, including the full names and birthdates of both the plaintiff and defendant, their residences, the number of this marriage, and the date and place of the marriage. Additionally, it asks for details about minor children, if any, and the custody arrangements awarded in the divorce judgment.

What happens if I don't provide all the required information?

Failing to provide the required information on the DCH 0838 form can lead to serious consequences. It is classified as a misdemeanor, which may result in imprisonment for up to one year, a fine of up to $1,000, or both. Therefore, it’s essential to fill out the form accurately and completely.

Where do I submit the DCH 0838 form?

The completed DCH 0838 form should be submitted to the Michigan Department of Health and Human Services. It is often filed with the court that handled the divorce proceedings. Ensure that you keep a copy for your records before submitting it.

Is there a fee associated with filing the DCH 0838 form?

There is typically no fee specifically for filing the DCH 0838 form itself. However, there may be court fees associated with the divorce proceedings that you should be aware of. It’s advisable to check with the court where your divorce was filed for any applicable fees.

How long does it take to process the DCH 0838 form?

The processing time for the DCH 0838 form can vary. Generally, once submitted, it may take several weeks for the state to update its records. If you need confirmation or a certified copy, you may want to follow up with the appropriate state office after a reasonable period.

Can I get help with filling out the DCH 0838 form?

Yes, assistance is available if you need help filling out the DCH 0838 form. You can seek guidance from a legal professional, such as a divorce attorney, or contact the court clerk's office for support. They can provide clarity on any sections you find confusing.

Common mistakes

Incomplete Personal Information: Many individuals forget to fill in all required fields, such as the plaintiff's or defendant's full name, birthdate, or residence. Missing information can delay processing and cause complications.
Incorrect Marriage Number: Applicants often misstate the number of the marriage. It’s essential to specify whether it’s the first, second, or subsequent marriage accurately.
Failure to Indicate Separation Status: Some people neglect to check the appropriate box regarding whether the couple is separated. This detail is critical for the court's understanding of the situation.
Missing Attorney Information: If an attorney is involved, individuals sometimes forget to include their attorney's name and bar number. This omission can lead to delays in legal proceedings.
Errors in Dates: Mistakes in entering dates, such as the marriage date or the date of separation, can create significant issues. Ensure all dates are accurate and formatted correctly.

Documents used along the form

The Michigan DCH 0838 form is an important document used to record a divorce or annulment in Michigan. Along with this form, several other documents may be necessary to ensure a smooth process. Below is a list of commonly used forms and documents that often accompany the DCH 0838.

Complaint for Divorce: This document initiates the divorce process. It outlines the reasons for the divorce and the relief sought by the plaintiff.
Summons: This form notifies the defendant that a divorce action has been filed against them. It includes important information about their rights and responsibilities.
Judgment of Divorce: This document finalizes the divorce. It includes the court's decisions regarding property division, child custody, and support obligations.
Affidavit of Service: This form proves that the defendant was properly served with the divorce papers. It is essential for the court to confirm that the defendant is aware of the proceedings.
Child Custody Agreement: If children are involved, this document outlines the custody arrangement between the parents. It addresses living arrangements and visitation rights.
Child Support Worksheet: This form calculates the amount of child support to be paid, based on the parents' income and the needs of the children.
Property Settlement Agreement: This document details how the couple's assets and debts will be divided. It is crucial for ensuring that both parties agree on property distribution.
Motion for Temporary Orders: If immediate relief is needed, this form requests temporary orders regarding child custody, support, or property during the divorce process.
Financial Disclosure Statement: This form requires both parties to disclose their financial information, ensuring transparency in the division of assets and support obligations.
Notice of Hearing: This document informs all parties of the scheduled court hearing date. It ensures that everyone involved is aware of the proceedings.

Each of these documents plays a vital role in the divorce process. It is important to complete them accurately and submit them in a timely manner to facilitate a smoother transition for all parties involved. Seeking assistance from a legal professional can help ensure that everything is handled correctly.

Similar forms

The Michigan DCH 0838 form, which records a divorce or annulment, shares similarities with several other legal documents. Here are ten documents that are comparable in function or purpose:

Divorce Decree: This document officially ends a marriage and outlines the terms of the divorce, similar to how the DCH 0838 records the divorce's existence and relevant details.
Marriage Certificate: A marriage certificate serves as proof of marriage, just as the DCH 0838 confirms the dissolution of that marriage.
Child Custody Agreement: This agreement details custody arrangements for children, reflecting the information about minor children included in the DCH 0838.
Separation Agreement: A separation agreement outlines the terms under which a couple separates, similar to how the DCH 0838 records the couple's last residence and separation details.
Affidavit of Support: This document is often used in divorce proceedings to establish financial obligations, akin to the financial aspects that might be referenced in the DCH 0838.
Property Settlement Agreement: This agreement specifies how property will be divided, paralleling the DCH 0838's role in documenting the divorce process.
Petition for Divorce: This initial filing starts the divorce process and includes many details that are later recorded in the DCH 0838.
Final Judgment of Divorce: This document concludes the divorce proceedings and is similar to the DCH 0838 in that it finalizes the status of the marriage.
Certificate of Annulment: Like the DCH 0838, this document officially records the annulment of a marriage.
Parental Rights Agreement: This document can outline parental responsibilities and rights, similar to the custody information noted in the DCH 0838.

Dos and Don'ts

When completing the Michigan DCH 0838 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of things to do and avoid during this process.

Do double-check all personal information for accuracy before submission.
Do ensure that all required fields are filled out completely.
Do provide clear and legible handwriting if filling out the form by hand.
Do keep a copy of the completed form for your records.

Don't leave any mandatory fields blank, as this may delay processing.
Don't use abbreviations or nicknames for names; use full legal names only.
Don't submit the form without signing it, as an unsigned form is invalid.
Don't forget to check the filing fees associated with submitting the form.

Misconceptions

Misconceptions about the Michigan DCH 0838 form can lead to confusion and errors in the divorce process. Here are eight common misconceptions, along with clarifications:

It is only for divorce cases. The Michigan DCH 0838 form is also applicable for annulments. It records both types of marital dissolutions.
Only the plaintiff needs to fill it out. Both parties, the plaintiff and the defendant, must provide information on the form to ensure accuracy.
All fields are optional. Many fields are mandatory. Failing to complete required sections can lead to delays or legal issues.
It can be submitted anytime after the divorce is finalized. The form must be submitted within a specific timeframe after the divorce is granted, typically within a few weeks.
It only needs to be filed in the county where the divorce was granted. The form must be submitted to the Michigan Department of Health and Human Services, regardless of the county of the divorce.
Minor children’s information is not necessary. If there are minor children involved, their details must be included in the form, as this affects custody and support issues.
Providing false information is not serious. Misrepresentation on the form can lead to severe penalties, including fines and imprisonment.
The form is not required for legal separations. If a legal separation is pursued, a different form may be necessary, but the DCH 0838 is specific to divorce or annulment.

Understanding these misconceptions is crucial for anyone navigating the divorce process in Michigan. Accurate completion of the DCH 0838 form is essential to avoid complications.

Key takeaways

When filling out the Michigan DCH 0838 form, consider the following key takeaways:

Accurate Information: Ensure all personal details, including names and birthdates, are correct and match official documents.
Gender Identification: Clearly indicate the gender of both the plaintiff and defendant using the provided checkboxes.
Residency Details: Provide complete addresses for both parties, including city, county, and state.
Marriage Information: Specify the place and date of the marriage accurately.
Children's Information: List the number of minor children at the time of separation or filing, as required.
Legal Representation: If applicable, include the name and bar number of the plaintiff's attorney.
Judgment Details: Clearly state the judgment of divorce or annulment and the date it was granted.
Signature Requirement: The form must be signed by a certifying official, confirming the accuracy of the information provided.
Consequences of Inaccuracy: Be aware that providing false information can lead to serious legal consequences.
Submission Guidelines: Follow the appropriate submission process as outlined by the Michigan Department of Health and Human Services.