Divorce/Dissolution Information

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Beth Owens
Work: 419-774-5573
domestic@richlandcourtsoh.us

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Kathleen Nelson
Work: 419-774-5647
nelson.k@richlandcourtsoh.us

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Divorce/Dissolution Information

IN THE COURT OF COMMON PLEAS

RICHLAND COUNTY, OHIO

DOMESTIC RELATIONS DIVISION

***IF YOU ARE PROCEEDING WITHOUT AN ATTORNEY***


I.     INTRODUCTION

This document provides a list of basic requirements for a Divorce or Dissolution.  If you have legal questions, Do not call the Court or the Clerk of Courts.  Court staff and the Clerk of Courts are prohibited from giving you legal advice. As much as we would like to help, court staff are employees, and not attorneys.  Court staff are not able to answer your legal questions.  Only an attorney can give you legal advice.  If you choose to proceed without an attorney, you are acting as your own attorney.  This document will help explain the process and procedure, but only an attorney can explain the law to you and ensure the best outcome.

II.    LOCAL RULES

Each court has a set of Local Rules which explain basic procedure.  Please review our local rules which can be found in the following document: Domestic Relations Local Rules. The Local Rules more fully explain these documents and the court procedure.

III.   COURT COSTS

A list of the court costs deposits can be found on the Clerk of Courts website under "Fee Schedules."  Once you file an action with the Clerk of Courts, your deposit will be applied to court costs.  Failure to successfully complete an action may or may not result in a partial refund of your deposit.  Depending on the length of your case, additional court costs may be due after your deposit has been exhausted.

DIVORCE

STEP 1 - FILE THE CASE.  The following must be filed for a divorce with minor children.

Divorce with Minor Children:

  1. Complaint for Divorce (which must contain an Affidavit signed and notarized by the Plaintiff). A sample can be found on the Supreme Court of Ohio's website.
  2. Judgment Entry of Injunctions (Form 3.00 - see Local Rules).
  3. Request for Temporary Orders (OPTIONAL) (Form 4.00 - see Local Rules).
  4. Financial Affidavit (Form 5.00 - See Local Rules). Please Note: you MUST attach proof of income (such as a paystub or tax records).
  5. Parenting Proceeding Affidavit (Form 6.00 - see Local Rules).
  6. Request for Service or Waiver of Service by Defendant. A sample can be found on the Supreme Court of Ohio's website.
  7. Title IV-D Application (contact CSEA for application).
  8. Personal Identifiers Form (Form 20.00 - see Local Rules).

Divorce without Minor Children:

  1. Complaint for Divorce (which must contain an Affidavit signed and notarized by the Plaintiff).  A sample complaint can by found on the Supreme Court of Ohio's website.
  2. Judgement Entry of Injunctions (Form 3.00 - see Local Rules).
  3. Request for Temporary Orders (OPTIONAL) (Form 4.00 - See Local Rules).
  4. Financial Affidavit (Form 5.00 - see Local Rules). Please NOTE: you MUST attach proof of income (such as a paystub or tax records).
  5. Request for Service or Waiver of Service by Defendant. A sample can be found on the Supreme Court of Ohio's website.

STEP 2 - OBTAIN SERVICE UPON DEFENDANT.

It is your responsibility to ensure the Clerk of Courts serves the Defendant with a Summons and a copy of the pleadings. Failure to do so within a reasonable time will result in the DISMISSAL of your action. The case cannot begin until the Defendant has been served (or has waived service). Please see the Request for Service document found on the Supreme Court of Ohio's Website. The Defendant can sign a Waiver of Service or can be served by (1) certified mail, (2) Sheriff, or (3) by a private process server (that you hire).

STEP 3 - SCHEDULING.

After the court has reviewed all of the pleadings, and service of the Complaint has been perfected upon the Defendant, then the Court will schedule a hearing and send out the appropriate notice to all parties.  If there are defects in the paperwork, the Court will send you notice and may schedule a hearing on the defects.

STEP 4 - FINAL HEARING.

The following documents must be submitted at the final hearing. Failure to submit the properly prepared documents may result in a DISMISSAL of your Complaint for Divorce. You must appear with one corroborating witness(or with the Defendant) at the final hearing. Failure to do so may result in the DISMISSAL of your action. A corroborating witness is someone with actual knowledge of the grounds for divorce (such as incompatibility or living separate and apart in excess of one year).

  1. Judgement Entry - Decree of Divorce: It is the Plaintiff's responsibility to prepare and submit a proposed Judgment Entry - Decree of Divorce at the time of the final hearing. The Decree must include language establishing the Court's jurisdiction, paternity (if applicable), the designation of the residential parent and legal custodian of the child(ren)(if applicable), the specific parenting (if applicable), child support (if applicable), the provision of health insurance and uninsured medical expenses for the child(ren)(if applicable), the allocation of the tax exemption(s) related to the child(ren)(if applicable), spousal support, the division of all property owned by either or both of the parties, the division of all debt in the name of either or both of the parties, and all other provisions relevant to your case.  The Decree must include all applicable language including, for example, appropriate child support language (Forms 17.00 and 18.00 - see Local Rules) and appropriate notice language. A sample can be found on the Supreme Court of Ohio's website.
  2. Attachments: The decree must include all applicable attachments, such as a child support worksheet or a copy of Local Rule 24 (see Local Rules).
  3. Dependent Health Care Order: This form must be submitted if the parties have minor child(ren)(Form 11.00 - see Local Rules).
  4. Wage Withholding Order: This must be submitted if a party is requesting support to be withheld from a party's wages (if applicable).
  5. Separation Agreement: If you are proceeding with a Complaint for Divorce, incorporating a Separation Agreement must include language establishing paternity (if applicable), the designation of the residential parent and legal custodian of the child(ren)(if applicable), specific parenting time (if applicable), child support(if applicable), the provision of health insurance and uninsured medical expenses for the child(ren)(if applicable), the allocation of the tax exemption(s) related to the child(ren)(if applicable), spousal support, the division of all property owned by either or both of the parties, the division of all debt in the name of either or both of the parties, and all other provisions relevant to your case. The Separation Agreement must include all applicable language including, for example, appropriate child support language and appropriate notice language (see Local Rules). The Separation Agreement must be accompanied by a Dependent Health Care Order, if the parties have child(ren)(Form 11.00 - see Local Rules); and a Withholding Notice (if applicable). A sample can be found on the Supreme Court of Ohio's Website.
  6. Shared Parenting Plan: If the parties are entering into shared parenting, a sperate Shared Parenting Plan must be submitted. A sample can be found on the Supreme Court of Ohio's website.
  7. Copies: You must provide copies of each of the final documents to be sent to each party by the Clerk of Courts.
  8. Envelopes: The Clerk of Courts requires that the parties provide envelopes for each party to receive the processed copies.

DISSOLUTION

STEP 1 - FILE THE CASE. 

The following must be submitted by both parties to file for the dissolution of your marriage. A dissolution is a request from both parties so both parties must sign all documents and both parties must appear at the final hearing.

A sample can be found on the Supreme Court of Ohio's website.

  1. Petition for Dissolution (signed by both parties).
  2. Waiver of Service of Summons (signed by both parties).
  3. Financial Affidavit - A SEPARATE COPY FOR EACH PARTY (Form 5.00 - see Local Rules). Please Note: you MUST attach proof of income (such as a paystub or tax records).
  4. Parenting Proceeding Affidavit - A SEPARATE COPY FOR EACH PARTY (Form 6.00 - see Local Rules).
  5. Child Support Computation Worksheet (if applicable).
  6. Separation Agreement (signed by both parties).
  7. Shared Parenting Plan (if applicable)(signed by both parties).
  8. Dependent Health Care Order (if applicable)(Form 11.00 - see Local Rules.
  9. Wage Withholding Order (if applicable).
  10. Title IV-D Application (if minor children)(contact CSEA for Application.

STEP 2 - SCHEDULING.

After the court has reviewed all of the pleadings, then the Court will schedule a hearing and send out the appropriate notice to all parties. If there are defects in the paperwork, the Court will send out the appropriate notice to all parties. If there are defects in the paperwork, the Court will send you notice and may schedule a hearing on the defects.

STEP 3 - FINAL HEARING.

The following documents must be submitted at the final hearing. Failure to submit the properly prepared documents may result in a DISMISSAL of your case. In a dissolution of marriage, BOTH parties must appear at the final hearing. Failure to do so may result in the DISMISSAL of your action.

  1. Judgement Entry: Decree of Dissolution: It is the parties' responsibility to prepare and submit a proposed Judgment Entry - Decree of Dissolution (signed by both parties) at the time of the final hearing. A sample can be found on the Supreme Court of Ohio's website.
  2. Attachments: The Decree must include all applicable attachments, such as a child support worksheet or a copy of Local Rule 24 (see Local Rules).
  3. Dependent Health Care Order: This form must be submitted if the parties have minor child(ren)(Form 11.00 -see Local Rules).
  4. Wage Withholding Order:  This must be submitted if a party is requesting support to be withheld from a party's wages (if applicable).
  5. Separation Agreement:  The Separation Agreement must include language establishing paternity (if applicable), the designation of the residential parent and legal custodian of the child(ren)(if applicable), specific parenting time (if applicable), child support (if applicable), the provision of health insurance and uninsured medical expenses for the child(ren)(if applicable), the allocation of the tax exemption(s) related to the child(ren)(if applicable), spousal support, the division of ALL property owned by either or both of the parties, the division of ALL debt in the name of either or both parties, and all other provisions relevant to your case. The Separation Agreement must include all applicable language including, for example, appropriate child support language and appropriate notice language (see Local Rules) The Separation Agreement must include all applicable attachments, for example, a child support worksheet and Local Rule 24 (see Local Rules). The Separation Agreement must be accompanied by a Dependent Health Care Order, if the parties have child(ren)(Form 11.00 see Local Rules); and a Withholding Notice (if applicable). A sample can be found on the Supreme Court of Ohio's website.
  6. Shared Parenting Plan:  If the parties are entering into shared parenting, a separate Shared Parenting Plan must be submitted.
  7. Copies: The parties provide copies of each of the final documents to be sent to each party by the Clerk of Courts.
  8. Envelopes:  The Clerk of Courts requires that the parties provide envelopes for each party to receive the processed copies.