The New York Certificate of Dissolution of Marriage (form DOH2168) is a document issued by the New York State Department of Health (DOH) that legally terminates a marriage and provides proof of dissolution. This document is required to complete the process of legally dissolving a marriage in the state of New York. The form is available in two versions: an affidavit, which is an affidavit signed by both spouses, and a Certificate of Dissolution, which is issued by a court. The affidavit must be filed at the county Clerk's Office in the county where the marriage took place and the Certificate of Dissolution must be filed with the Department of Health. Both forms require the signatures of both parties and must be notarized. The Certificate of Dissolution of Marriage (form DOH2168) serves as evidence of the legal dissolution of a marriage and is required for various legal processes.
New York Certificate of Dissolution of Marriage (form DOH2168).
Description
Key Concepts & Definitions
Certificate of Dissolution of Marriage refers to the legal document indicating that a marriage has been formally dissolved following a court judgment. This document is crucial for proving the legal status of dissolution and is often required for legal purposes like changing ones name or marital status on official documents. The dissolution of marriage is commonly referred to as a divorce. Related terms include marriage certificate, which is a record of the marriage, and family law, the legal practice dealing with matters of family relationship including dissolution.
Step-by-Step Guide to Obtaining a Certificate of Dissolution of Marriage
- Find the Correct Jurisdiction: Determine which county's records office holds your marriage and divorce records. This is typically where your divorce was finalized.
- Request the Document: Visit or contact the records office to request a copy of the certificate of dissolution of marriage form. In some areas, this can also be done online through the office's official website.
- Submit Necessary Identification: Provide necessary documentation to confirm your personal identity and relationship to the parties on the divorce record. This often includes a government-issued ID.
- Pay Required Fees: There may be a fee for obtaining the dissolution certificate. Check ahead with the records office about the exact amount.
- Receive the Certificate: Collect the certificate in person or receive it by mail, depending on the service options offered by the Vital Records office.
Risk Analysis for Misusing Dissolution Documents
Misusing a certificate of dissolution of marriage form, such as falsifying details or using it to assume someone elses identity, can lead to serious legal consequences including financial charges or criminal prosecution. The LegalClarity team, a theoretical legal advisory group, emphasizes the importance of using such documents correctly to protect personal identity and abide by family law.
Key Takeaways
- Always procure dissolution documents through legal and official channels, such as the local records office.
- Ensure all information is accurate and truthful to avoid any risk of legal issues.
- Keep a personal copy of your certificate of dissolution of marriage for future use in legal or administrative matters.
Common Mistakes & How to Avoid Them
- Failing to Verify the Correct Office: Always ensure that the records office you approach is the correct one based on where the divorce was finalized to avoid delays.
- Not Providing Adequate Identification: Prepare all necessary personal identity documents beforehand to facilitate smooth processing.
- Underestimating Processing Times: Allow sufficient time to obtain the certificate especially if required for specific deadlines (e.g., remarriage, legal proceedings).
FAQ
Q: How long does it take to receive a certificate of dissolution of marriage?
A: Processing times can vary significantly depending on the records office and the method of request (online, by mail, in-person). Typically, it may take from a few days to several weeks.
Q: Is it necessary to use a lawyer to obtain a certificate of dissolution of marriage?
A: No, not typically. Most records offices provide guidance on how to request this document directly without legal assistance.
How to fill out New York Certificate Of Dissolution Of Marriage (form DOH2168).?
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FAQ
Contact DOH Vitals (Vital Records Section, NYS Department of Health, Empire State Plaza, Albany NY 12237, tel. 855-322-1022 toll free) for such records from outside NYC.
The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce. You should go to the Supreme Court in the county where you or your spouse now live. You cannot get a divorce in Family Court.
You can get copies of divorce judgments or other written orders in divorce cases from the County Clerk. Copies of documents, other than the Judgment of Divorce itself, can only be obtained by one of the parties involved or by an attorney who is representing one of the parties.
Certified copies of New York County judgments of divorce entered after March 15, 1999 may be obtained by going directly to the Certification Desk in Room 141B, which can access such judgments electronically.
You can make a request for court records directly to the Clerk of the Court or the County Clerk that has the records. Criminal records are available from the court system. Each records search costs $95.00.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
To get a copy of a divorce decree, contact the County Clerk. If the divorce was granted before January 1, 1963, the divorce decree is the only type of document available. Divorce Certificate. This document contains basic information about the spouses, and the date and place the marriage ended.
You can obtain a Marriage Record by appearing at the appropriate City Clerk office in person or mailing in a completed application. You may also use City Clerk Online to fill out an application which you can print and bring to one of the City Clerk's offices in person for completion.