Forms

EFFECTIVE IMMEDIATELY:

ALL PERSONS ENTERING THE DOMESTIC RELATIONS COURTHOUSE MUST WEAR A MASK.

ATTENTION PARENTS!

The Court has received numerous questions about how to exercise parenting time during the COVID-19 outbreak. Pursuant to the Ohio Department of Health ’Stay at Home’ Order, parents should continue to exchange their children as required by their parenting plans or custody orders as this has been designated "essential travel." Parents should adhere to all holiday and spring break schedules as designated by their schools at the beginning of the year regardless of recent changes.

Please read the following AFCC resource for guidance on how to successfully exercise parenting time under current conditions.

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.

Disadvantages to a divorce: having to undergo the service process; divorce can take longer to be granted; Court is the ultimate decision-maker.

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.

Advantages to a dissolution: parties have more control over deciding issues of custody, property, and support; less conflict in court; dissolution hearings must be held within 30-90 days after filing; parties can bypass the service process.

Disadvantages to a dissolution: more paperwork; compliance is harder and takes longer due to the amount and complexity of the paperwork.

The documents required to file for dissolution are below. You can choose to print the entire dissolution packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.

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.

Advantages to a dissolution: parties have more control over deciding issues of property and support; less conflict in court; dissolution hearings must be held within 30-90 days after filing; parties can bypass the service process.

Disadvantages to a dissolution: more paperwork; compliance is harder and takes longer due to the amount and complexity of the paperwork.

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.

Advantages to a legal separation: less drastic legal measure for parties who are unsure they want to end their marriage but want to live apart; support and custody orders can be issued by the Court; parties can remain on their spouse’s insurance.

Disadvantages to a legal separation: cannot file joint taxes beginning in the tax year the legal separation is granted; parties often remain financially entangled.

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.

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.

Advantages to a legal separation: less drastic legal measure for parties who are unsure they want to end their marriage but want to live apart; support and property orders can be issued by the Court; parties can remain on their spouse’s insurance.

Disadvantages to a legal separation: cannot file joint taxes beginning in the tax year the legal separation is granted; parties often remain financially entangled.

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.

The six grounds for annulment in Ohio are: 1) A party was underage at the time of marriage; 2) A party was already married to another person at the time of marriage; 3) A party was adjudicated mentally incompetent; 4) Consent to marriage was obtained by fraud; 5) Consent to marriage was obtained by force; or 6) The marriage was never consummated.

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.

The documents required to file for annulment are below. You can choose to print the entire annulment packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.

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.

Note that service is vital in Motions for Contempt because if service is not perfected, certain penalties or sanctions against a party found in contempt cannot be handed down by the court.

The documents required to file a Motion for Contempt are below. You can choose to print the entire Motion packet by clicking on Packet, or you can print individual documents by clicking on the link to the document. If the violation you are alleging involves non-payment of medical expenses, an Explanation of Healthcare Bills must be completed.

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.

In order for the court to modify an existing child support Order, there must be a change of circumstances, and the modification must be in the best interest of the child(ren). This motion reopens your old case and a hearing is held after your paperwork is filed.

The documents required to file a Motion to Modify Child Support are below. You can choose to print the entire Motion packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.

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.

In order for the court to modify an existing support Order, there must be a change of circumstances since the initial Order was filed. This motion reopens your old case and a hearing is held after your paperwork is filed.

The documents required to file a Motion to Modify Spousal Support are below. You can choose to print the entire Motion packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.

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).

The documents required to file a Motion to Modify Parenting Time/Visitation are below. You can choose to print the entire Motion packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.

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.

In order for the court to change the residential parent, the filing party must show a change of circumstances and that changing the residential parent is in the best interest of the child(ren).

The documents required to file a Motion to Change Residential Parent are below. You can choose to print the entire Motion packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.

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.

The documents required to file an Agreed Entry are below. You can choose to print the entire Agreed Entry packet by clicking on Packet, or you can print individual documents by clicking on the link to the document.