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The DHHS form is a critical document used in North Carolina for vital record-keeping, specifically when it comes to confirming a divorce or annulment. This form serves various purposes, such as providing official acknowledgment of the dissolution of a marriage, which is necessary for legal and personal records. The form is divided into several sections, each requiring specific information about both parties involved in the divorce. Key components include the names of the plaintiff and defendant, their residences, the date and place of the marriage, as well as the number of minor children, if any. Moreover, the section designated for the date of separation is also essential, highlighting the timeline of events leading to the divorce. To validate the information contained within the form, a certification section requires the signature of the Clerk of Superior Court or designated staff, confirming that the information has been accurately extracted from court documents. Clearly, the DHHS form is not just a piece of paper, but a vital tool for maintaining accurate legal documentation surrounding marital status changes in the state.

Form Sample

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.

Document Specifications

Fact Name Description
Form Title This form is titled "Certificate of Absolute Divorce or Annulment" and is used in North Carolina.
Governing Law The form is governed by North Carolina General Statutes relating to vital records and divorce proceedings.
File Number A unique file number is assigned to each completed form for tracking purposes.
Parties Involved The form requires the full names and residences of both the plaintiff and defendant, including their respective counties.
Relevant Dates Key dates such as the marriage date, date of separation, and the date the divorce or annulment was rendered must be provided.
Certification Requirement A certification by the Clerk of Superior Court or an Assistant CSC is required to validate the information provided.

Steps to Filling Out Dhhs

Once you have the DHHS form ready, it's important to fill it out correctly to ensure the process goes smoothly. Follow these steps to provide all necessary information clearly and accurately.

  1. Begin by locating the File Number field at the top of the form and fill in the appropriate number.
  2. Next, enter the County in which the divorce or annulment took place.
  3. In the PLAINTIFF section, provide the full name of the husband and wife. Start with the husband's first name, followed by the middle name, and then the last name.
  4. Fill in the Wife's Residence State and County in fields 2a and 2b.
  5. Now, move on to the DEFENDANT section. Again, provide the full name of the husband and wife in the same way as above.
  6. Also, fill in the Wife's Residence State and County in fields 4a and 4b.
  7. Indicate the Marriage Date and Place of the marriage in fields 5 and 6.
  8. Record the Number of Minor Children, followed by the Date of Separation in fields 7 and 8.
  9. At the bottom of the form, certify the information by signing your name, and ensure to include the date.

Make sure to double-check all filled-in information for accuracy. Once you have completed the form, print it out and cut it along the dashed line to obtain the correct dimensions. Keeping this organized helps avoid delays in processing.

More About Dhhs

What is the purpose of the DHHS form?

The DHHS form, specifically the North Carolina Certificate of Absolute Divorce or Annulment, is used to officially document and certify the conclusion of a marriage through divorce or annulment. This certificate is important for various legal purposes, including updating marital status for government records and personal affairs.

Who needs to fill out the DHHS form?

Either party involved in the divorce or annulment process needs to complete this form. The plaintiff and defendant, often referred to as the husband and wife, should ensure all relevant details are accurately provided for processing.

What information is required on the DHHS form?

The form requires the names of both parties, their residence states and counties, the marriage date and place, the number of minor children, and the date of separation. Ensure all fields are filled out completely to avoid delays.

How is the information on the DHHS form certified?

Certification is done by signing the form to confirm that the information provided is accurate and true. Typically, this section is signed by the Clerk of Superior Court or an authorized assistant, which officially validates the document.

What should I do after filling out the DHHS form?

Once the form is completed, follow any additional instructions provided for submission. Generally, you may need to print the form, sign it, and then submit it to the appropriate court office or government agency handling vital records.

Is there a fee associated with filing the DHHS form?

There may be fees involved when submitting the DHHS form, which can vary based on the county or jurisdiction. It's advisable to check with your local court or vital records office for specific information regarding any costs.

Where can I obtain the DHHS form?

The DHHS form is typically available online through the North Carolina Department of Health and Human Services website or directly from county court offices. Ensure you are using the most recent version of the form.

What if I make an error on the DHHS form?

If you realize you've made an error after submitting the form, contact the relevant court or agency immediately. There may be procedures in place to amend the information to ensure it accurately reflects your circumstances.

Common mistakes

Completing the DHHS form for obtaining a certificate of absolute divorce or annulment requires attention to detail. Here are five common mistakes individuals make when filling out this form:

  1. Neglecting to fill in complete names.

    Individuals often omit middle names of the husband and wife, which can lead to delays in processing.

  2. Inaccurate residence information.

    Providing incorrect state or county information for both parties can complicate verification and result in a returned application.

  3. Incorrect marriage date or place.

    Errors in the marriage date or place can affect the legality of the divorce certificate when it is issued.

  4. Omitting the number of minor children.

    This information is crucial as it can impact custody and child support considerations.

  5. Not signing and dating the certification.

    Applications submitted without a signature or date may be considered incomplete and, therefore, invalid.

Ensuring all fields are accurately completed can facilitate a smoother process in obtaining the necessary divorce documentation.

Documents used along the form

The Department of Health and Human Services (DHHS) form is commonly used in the context of obtaining vital records, specifically for divorce or annulment certificates. In many cases, other forms may accompany or be required alongside the DHHS form. Below is a list of related documents that are often used in conjunction with the DHHS form.

  • Application for Divorce: This document is filed by one party in a marriage to initiate the divorce process. It outlines the reasons for the divorce and provides details about both spouses.
  • Summons: A summons informs the other party about the divorce action being taken. It includes instructions on how to respond and the timeline for doing so.
  • Affidavit of Service: This document confirms that the summons and other court papers were properly delivered to the spouse. It is a sworn statement by the person who served the papers.
  • Divorce Settlement Agreement: This form outlines the terms agreed upon by both parties regarding asset division, child custody, and other relevant matters. It is critical for finalizing the divorce.
  • Parenting Plan: If children are involved, this document is essential. It details custody arrangements, visitation schedules, and parenting responsibilities.
  • Financial Affidavit: This form provides a comprehensive overview of each party's financial situation, including income, expenses, assets, and debts. It may be required to ensure fair agreements.
  • Child Support Worksheet: This document helps calculate the appropriate amount of child support one parent should pay to the other based on income and custody arrangements.
  • Certificate of Absolute Divorce or Annulment: While this is the DHHS form, it serves as a final record of the divorce or annulment once issued by the court.

These documents play a crucial role in the divorce process, ensuring that all legal requirements are met and that both parties are treated fairly. Understanding each form's purpose can help individuals navigate the complexities of divorce more effectively.

Similar forms

The Certificate of Absolute Divorce or Annulment from the North Carolina Department of Health and Human Services is similar to a Marriage Certificate. Both documents provide official recognition of a significant life event, albeit from different perspectives. A Marriage Certificate formally acknowledges the legal union of two individuals, while a divorce certificate confirms the legal dissolution of that union. Each document requires information about the parties involved, including names and locations where the events occurred. Both serve as vital records that may be necessary for various legal and administrative purposes.

Another comparable document is the Birth Certificate. This document establishes the identity and birth details of an individual, similar to how a divorce certificate verifies the end of a legal relationship. Birth Certificates include crucial information like the individual's name, date of birth, and the parents' names. Much like the divorce certificate, a Birth Certificate is critical for legal identification and can be used in many official transactions, including obtaining government-issued IDs or enrolling in schools.

The Death Certificate is also relevant in this context. It certifies the date and cause of an individual's death, marking the end of a life, much like the divorce certificate marks the end of a marriage. Both documents serve to formalize the conclusion of significant life events. A Death Certificate provides necessary information for estate settlements and other legal processes, while a divorce certificate is essential for managing marital assets and responsibilities after separation.

The Custody Agreement is another document parallel to the DHHS divorce form. It outlines the terms of child custody following a divorce. While the divorce certificate signifies the dissolution of marriage, a Custody Agreement ensures that the welfare of minors is considered. Both documents can be critical in establishing legal rights and responsibilities, particularly regarding minor children affected by the separation.

Separation Agreements bear similarity as well. These documents delineate the terms of a couple's separation prior to divorce. A divorce certificate signifies the final legal end of the marriage, whereas a Separation Agreement provides the groundwork for how the couple will manage their affairs during the period of separation. Each is significant in its own right and comes with legal implications that can affect future proceedings.

The Affidavit of Support connects to the DHHS divorce form in the context of immigration. This document assures that an immigrant will not become a public charge to the U.S. government. While the Affidavit of Support is used in immigration cases, both it and the divorce certificate involve legal commitments and affirm the responsibilities of individuals. In particular, a divorce may complicate such agreements when spouses are financially interdependent.

Power of Attorney documents also share a commonality. A Power of Attorney grants one individual the authority to act on another's behalf, which can be essential during and following divorce proceedings. Both documents establish legal authority and responsibilities. A divorce certificate may require the division of authority concerning finances and decision-making, underscoring the necessity of obtaining legal permission for both parties.

Similarly, the Adoption Decree holds relevance. This document finalizes the adoption process, legally establishing a parent-child relationship. Both the Adoption Decree and the divorce certificate pertain to family law. While one documents the formation of a family unit, the other signifies its dissolution. Both require thorough legal documentation to ensure that all parties' rights and responsibilities are protected.

Lastly, the Name Change Order is comparable to the DHHS divorce form. A Name Change Order legally allows an individual to change their name, often occurring following a divorce. The divorce certificate frequently serves as the basis for a name change, as individuals may wish to revert to their maiden name or adopt a new name altogether. Both documents require legal validation and can have implications for personal identification and records.

Dos and Don'ts

When filling out the DHHS form, adhere to the following guidelines to ensure accuracy and completeness.

  • Do: Double-check all personal information such as names and addresses for spelling errors.
  • Do: Indicate the correct dates clearly and avoid any ambiguous language.
  • Do: Provide a valid signature and date, ensuring the certification is properly completed.
  • Do: Use black or blue ink for clarity when filling out the form.
  • Don't: Leave any sections blank; all fields are important for processing your request.
  • Don't: Use abbreviations that could confuse the reader; clarity is vital.
  • Don't: Alter the form in any way, such as adding extra lines or marks.
  • Don't: Forget to cut the form along the dashed line to meet the required dimensions.

Misconceptions

When dealing with the N.C. Department of Health and Human Services (DHHS) form for a Certificate of Absolute Divorce or Annulment, several misconceptions can arise. It's important to clarify these to ensure that you complete the process correctly and understand your rights and obligations. Here are some common misconceptions:

  • Only one party needs to fill out the form. This is not true. Both parties are often required to provide their information, including names and residence details, for the form to be valid.
  • The form can be submitted by anyone. In reality, only authorized individuals such as the parties involved or their legal representatives should submit this form. This ensures confidentiality and proper processing.
  • This form is solely for divorce proceedings. Many believe it is only used for divorce, but the form can also apply to annulments, indicating that there are differences in the legal implications.
  • Filing this form automatically guarantees the divorce. Completing this form does not mean that the divorce is finalized. A court must first approve the divorce or annulment before this form is valid.
  • The information provided is not checked for accuracy. This is false. The information on the form must be accurate and is often reviewed against court documents to ensure correctness.
  • You can submit the form without a signature. It is a misconception that a signature is optional. The certification section requires a signature from the Clerk of Superior Court or their designee for the form to be acceptable.
  • The form must be submitted in-person. While it may be submitted in person, many jurisdictions allow for mail submissions. Always check local guidelines for the preferred method.
  • Each county has the same processing fees. Fees for submitting this form can vary by county in North Carolina. Always verify the specific fees associated with your county.
  • Once submitted, you cannot make changes. It is incorrect to believe that the form cannot be amended. Under certain circumstances, corrections can be made if necessary before the divorce or annulment is fully processed.

Understanding these misconceptions can help alleviate confusion and ensure that the process of filing for divorce or annulment in North Carolina goes smoothly.

Key takeaways

Here are essential takeaways regarding the completion and usage of the DHHS form for obtaining a Certificate of Absolute Divorce or Annulment in North Carolina:

  • Always ensure to enter the file number accurately at the top of the form.
  • Both parties' names, first, middle, and last, must be filled out clearly under the plaintiff and defendant sections.
  • Indicate the residence state and county for both the husband and wife. This information is crucial.
  • Clearly provide the marriage date and place, as these details are vital for record-keeping.
  • If there are minor children involved, state the number of minor children accurately.
  • Input the date of separation carefully, as this can have implications for the divorce process.
  • Sign the certification section, confirming that the information provided is true and accurate.
  • Make sure to include your signature and the date on which you are signing the form.
  • After printing, cut the form along the dashed line to achieve the specified dimensions of 8.5 inches by 7 inches.

Reviewing the form for errors before submission is crucial; it can help prevent delays in processing. Proper completion will support the speedy handling of your divorce or annulment application.