Forms
Actions for Divorce, Dissolution, Legal Separation, Annulment, & Legal Custody
Divorce With Children
A divorce with children is a legal action taken to end a marriage when the parties share minor children from their marriage or relationship. Divorce is appropriate in situations when there has been domestic violence, when parties cannot reach agreements on custody, support, property, etc, or when one party is not available to appear at the final hearing. Divorce is also appropriate when one spouse wants to end the marriage, but the other spouse either can’t or won’t participate in the proceedings. Parties often file for divorce when their spouse is incarcerated or their whereabouts are unknown.
Advantages to a divorce: one party can complete and file all of the required paperwork themselves; only the filing party and a witness must be present at the final hearing for the divorce to be granted.
Disadvantages to a divorce: having to undergo the service process; divorce can take longer to be granted; Court is the ultimate decision-maker.
The documents required to file for divorce are below. You can choose to print the entire divorce packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.
Divorce Without Children
A divorce without children is a legal action taken to end a marriage where parties do not share minor children from their marriage or relationship. Divorce is appropriate in situations when there has been domestic violence, when parties cannot reach agreements on support, property, etc, or when one party is not available to appear at the final hearing. Divorce is also appropriate when one spouse wants to end the marriage, but the other spouse either can’t or won’t participate in the proceedings. Parties often file for divorce when their spouse is incarcerated or their whereabouts are unknown.Dissolution With Children
A dissolution with children is a legal action taken to end a marriage when both parties who share minor children are in agreement on all issues related to custody, support, property, etc.
- Packet - Dissolution With Children (PDF)
- Pro Se Guide to Dissolution With Children (PDF)
- Petition for Dissolution of Marriage With Children (PDF)
- Separation Agreement (PDF)
- Affidavit of Financial Disclosure (PDF)
- Divorce & Dissolution Questionnaire (PDF)
- Parenting Proceeding Affidavit (PDF)
- Seminar Order (PDF)
Dissolution Without Children
A dissolution without children is a legal action taken to end a marriage when both parties with no minor children in common are in agreement on all issues related to support, property, etc.
Legal Separation With Children
A legal separation is a court order that mandates the rights and duties of a married couple who share minor children but are living separate and apart. Legal separations are appropriate for couples who need to work through personal or financial issues but are not ready to end the marriage.
Legal Separation Without Children
A legal separation is a court order that mandates the rights and duties of a married couple that is living separate and apart. Legal separations are appropriate for couples who need to work through personal or financial issues but are not ready to end the marriage.
The documents required to file for legal separation are below. You can choose to print the entire legal separation packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.
Annulment
An annulment is a legal action that terminates a marriage. Annulment differs from divorce in that annulment terminates a marriage and treats it like it never existed. In divorce, the marriage is recognized as having occurred. Annulment is appropriate in situations where there may be embarrassment or stigma over the marriage or its reason for ending, or for religious reasons.
Advantages to an annulment: the marriage is no longer recognized as having occurred.
Disadvantages to an annulment: narrow grounds for annulment making it more difficult to obtain than a divorce.
Answer
An Answer is a defendant’s response to a Complaint. The Answer contains the defendant’s version of the events leading to the Complaint and may be based on the contents of the Complaint. The filing of the Answer is one option that the defendant has in deciding how to respond to the complaint.
If you are filing an Answer, you must complete a Certificate of Service in addition to your Answer form. If you are completing both an Answer and Counterclaim, you must complete a set of Instructions in addition to your Answer and Counterclaim forms.
Counterclaim
A Counterclaim is a claim brought by a defendant against a plaintiff in a legal action. The Counterclaim can be thought of as the defendant's Complaint or Petition for Divorce. A Counterclaim differs from an Answer because it allows the defendant to ask for relief, such as custody or support. An Answer merely allows a defendant to respond to the plaintiff's requests; it does not allow the defendant to make their own. An Answer and Counterclaim are often filed together.
If you are filing a Counterclaim, you must also complete a set of Instructions in addition to your Counterclaim form (or in addition to your Answer and Counterclaim forms if you are filing both).
Complaint for Custody
A Complaint for Custody is a legal action to obtain custody of a minor child when the minor child's parents are married, but have no plans to end the marriage. This type of action can also be filed by a 3rd party who wants custody of a minor child, and the child's parents are still married. This type of case used to be filed in the juvenile courts but recent changes in the law gave the domestic relations courts jurisdiction.
The documents required to file for legal custody are below. You can choose to print the entire legal custody packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.
Motions
Motion for Contempt
A Motion for Contempt is appropriate when a party violates an Order of the Court. When you file this motion, your old case is reopened and a hearing is held.
Motion for Change of Child Support
A Motion for Change of Child Support is appropriate when a child support Order has been handed down by the court, and either the Obligor or Obligee wants to modify that Order.
Motion for Change of Spousal Support
A Motion for Change of Spousal Support is appropriate when a spousal support Order has been handed down by the court, and either the Obligor or Obligee wants to modify that Order.
Motion for Change of Parenting Time (Visitation)
A Motion for Change of Parenting Time (Visitation) is appropriate when a parenting time Order has been handed down by the court, and either the residential parent or non-residential parent wants to modify that Order. The modification must be in the best interest of the child(ren).
Motion for Change of Parental Rights & Responsibilities (Custody)
A Motion for Change of Parental Rights & Responsibilities (Custody) is appropriate when one party has been designated as the residential parent, and a party wants to change that designation.
Motion for Continuance
A Motion for Continuance is appropriate when a court date has been set, and one party cannot attend. A party filing for continuance must show good cause why the hearing should be rescheduled.
Other Motion
If you would like to bring an issue before the court that cannot be done by the other types of motions listed above, you may complete the blank motion form. Please note that depending on the type of motion you want to bring, other documents may be required. Additionally, a Certificate of Service or Instructions must be completed.
Petition to Register Foreign Order
If you have relocated to Ohio but were divorced in another state, you may be able to transfer your divorce case to Ohio for modification of support, enforcement of your Court Orders, or to address issues related to any child custody or parenting time.
Under Ohio law, a divorce Decree entered by a court in another state can be transferred to Ohio when a number of conditions are met. Included among these conditions is notification to the other party and an opportunity for them to respond and object to the case transfer.
By keeping your divorce case in the out-of-state court, all future legal matters you seek to address must be handled directly through that court. This may require your personal appearance at future hearings or require complex service procedures, which could significantly increase the costs of any post-Decree motions filed in your case.
Transferring your case to Ohio begins with filing a Petition to Register Foreign Order. If you decide to file a Petition, be sure to choose the appropriate Petition. Petitions are available for registering foreign support Orders as well as Petitions for registering foreign parenting Orders. Original and certified court documentation from your divorce case must be provided to the Ohio Court with your Petition.
NOTE: Filing your Petition also requires you to demonstrate to the Ohio Court that you have properly served the other party, given them the appropriate Notice of Registration, and are advancing the most current Orders regarding your case to the Ohio Court. Any failure on your part to serve the other party properly and in a timely manner can compromise your Petition. Failing to provide the appropriate documentation may also compromise your Petition.
Agreed Entry
Agreed Entries are agreements between parties that resolve issues, or modify or terminate orders in their case. Agreed Entries can be used for custody, support, parenting time, property, etc.
Once parties reach an agreement, they must submit their Agreed Entry to the Court for approval. In most cases, no hearing is held.