Fillable Printable Filing for Divorce with Children - Ohio

Filing for Divorce with Children - Ohio

Divorce w/ Children (Licking County)

FILING A DIVORCE-WITH CHILDREN (Licking County)

GENERAL INSTRUCTIONS

Attached are forms for you to file with the court to ask for a divorce from your spouse.

These instructions are intended to be a general guide to help you get your request properly before the

Judge. These instructions are not intended to be a legal analysis of your request and will not ensure

you that you will receive your divorce or anything else you have requested. IN ORDER FOR

THESE FORMS TO WORK FOR YOU, YOU MUST READ AND FOLLOW THE

INSTRUCTIONS CAREFULLY.

YOU HAVE TO HAVE LIVED IN THE STATE OF OHIO FOR AT LEAST 6 MONTHS

PRIOR TO FILING THIS COMPLAINT. ADDITIONALLY, YOU MUST HAVE LIVED IN THE

COUNTY IN WHICH YOU ARE FILING THE DIVORCE FOR AT LEAST 90 DAYS, UNLESS

YOU ARE FILING IN THE COUNTY IN WHICH YOUR SPOUSE LIVES.

This packet should include the following forms:

Complaint for Divorce - With Children

Affidavit of Indigency

Judgment Entry (On Affidavit of Indigency)

Motion for Temporary Orders Pursuant to ORCP 75

Affidavit in Support of Motion for Temporary Orders

Judgment Entry - Temporary Orders

Instructions for Service

Information for Parenting Proceeding (O.R.C. 3127.73)

Affidavit of Income, Expenses, and Financial Disclosure

Health Insurance Disclosure Affidavit (HIDA)

Also enclosed are the following:

Local Rule 19 (Licking County - Domestic Relations Division) - Parenting Times

Filing Costs table from Licking County Clerk of Courts Office

And three brochures:

Rules to Follow When You Are Representing Yourself

Representing Yourself in Court? How to Use ... Evidence to Help Prove Your Case

How to Handle Witnesses When You Are Representing Yourself

Notice: These forms should only be used if the divorce is uncontested or simple, meaning

everybody agrees to the terms of the divorce and there are no significant property and debts to split,

and you and your spouse do not have a house or retirement benefits. If your spouse hires an attorney

and you do not feel that you can adequately represent yourself, you should immediately hire an

attorney to represent you, and request a continuance (postponement) of any hearings. If you are

low-income, you can contact the Newark office of Southeastern Ohio Legal Services at (740) 345-

0850, or 1-888-831-9412 for additional advice, and possibly for representation.

ERMS AND DEFINITIONS

Pro Se is a Latin word that means by yourself, for yourself.

A Motion is a request to the Court. For example, a Motion for Continuance is a request asking

the Court to continue (or delay) the proceedings, until a date in the future.

An Affidavit is a sworn statement to the Court listing facts supporting why you want what you

are asking for, such as a divorce, custody, etc.

Memorandum in Support is where you list your reasons why you are asking the Court to do

what you want.

Motion for In Chambers Interview is a request asking the Court to privately talk with your

child(ren) to determine what their wishes and concerns are. Keep in mind that neither you, your

spouse or the attorneys (except for an attorney representing your child(ren), if any), will be

allowed to sit in when the Judge or Magistrate is speaking with them.

Guardian ad Litem is a person, usually a lawyer, appointed by the Court to represent the

interests of the child(ren).

Motion to Appoint a Guardian ad Litem is a request asking the Court to appoint someone to

represent the child(ren).

Advocate usually is an attorney, but is anyone who will fight for your rights or the rights of

others.

Certificate of Service (COS) is a statement to the Court that says you have already notified

(served) the other party (or his or her attorney) of the documents you are filing with the Court. If

your spouse is represented by an attorney, then you will need to send the attorney copies of all

documents instead of your spouse. The date on the COS needs to be the day you send the papers

in the mail. All you have to do is send the other party a copy of the documents you are filing. If

you personally hand-deliver the documents, note that on your COS. You must send a copy of

everything that you file with the Court throughout the divorce case to the other party (or his or

her attorney).

ILLING OUT THE FORMS

1. The captions

will be the easiest thing to fill out. They will all look alike, except that some are

shorter and have less information about the parties. Go through and insert the parties’ names. You

are the Plaintiff and your spouse is the Defendant. If there is more than one blank for each party,

write down your and your spouse’s address on the next 2

and 3

lines, and social security number

and date of birth, where indicated. Be sure to write in the name of the county in which you are filing

the divorce in the blank at the top of the caption. You will not know the case number until you file

the divorce; however, be sure to include the case number on any papers which you file later on.

2. Each page after the first page has a heading

. The headings will be the same for every page,

except for the title of the document. Put your last name in the first blank, and your spouse’s last

name in the second blank.

3. Throughout the documents, you will sometimes see his/her or Plaintiff/Defendant - circle or

white out or cross out one of them, as appropriate. If a docum ent says Plaintiff ____________, or

_______________ pro se, or simply _________________, insert your full name in the blank.

Divorce w/ Children (Licking County)

4. Many of the docum ents will have a menu of choices. Read the choices caref ully and think

about them. Check the boxes before the requests that you want to make to the Court, and the boxes

with information which is relevant to your requests. You may decide to ask for something you

hadn’t considered before; however, you should also be sure that your requests are reasonable and

fair to your spouse.

5. There are 10 different grounds for divorce listed in the Com plaint for Divorce. Most often,

people list gross neglect of duty and extreme cruelty as reasons for divorce, in addition to

incompatibility. If you and your spouse have lived apart from each other without interruption for

one year, that is another ground to check. Please note: you cannot get a divorce on the basis of

incompatibility if your spouse denies that you are incompatible.

6. The Complaint for Divorce, as well as the Motion for Temporary Orders, contains a request

for two separate restraining orders:

A temporary restraining order requiring Defendant not to injure, threaten, harass, or

physically abuse Plaintiff;

A temporary restraining order requiring Defendant not to damage, destroy, sell or attempt

to sell, dispose of, or remove marital property and/or Plaintiff's or the child(ren)’s

personal property from Plaintiff’s residence, or incur debts in Plaintiff’s or his name for

which Plaintiff may be held liable.

Such restraining orders are requested and granted in most divorce cases. Your spouse does

not need to have done anything wrong or have hurt you to request such a restraining order. If you

are certain that your spouse will not do any of the things stated in the restraining orders, you should

not request them in the Complaint for Divorce, Motion for Temporary Orders, and Affidavit in

Support of Motion for Temporary Orders.

Please note: personal property is anything you own other than land or a house on a piece of

land, which is called real property.

7. Since you and your spouse have children born before or during the marriage, the Court will

have to make orders regarding custody (now called designation of the residential parent and legal

custodian) and visitation (now called parenting time). This packet can be used either if you are

requesting custody, or if you want your spouse to have custody. If custody is not contested, and

neither of you is a danger to your children, the Court is likely to award Local Rule 19 parenting time

to the parent who does not have custody. If you want the Court to award Local Rule 19 parenting

time to the parent who does not have custody, check the appropriate box in the Complaint for

Divorce. If you want the Court to order other parenting times, then you should specify the days and

times. Whether you are the parent who has custody, or the parent who has visitation, it is best for

the visitation order to be very specific.

8. The Motion for Temporary Orders and Affidavit in Support of Motion for Temporary Orders

are forms which allow you to ask for temporary custody (or visitation), child and/or spousal support,

and various other things until the divorce is final, which will be months, and possibly a year or

longer if your spouse contests what you have requested. The Court usually requires a child support

worksheet to be filed if you request child support. You can ask the Child Support Enforcement

Agency (CSEA), located at 65 East Main Street, next to the Domestic Relations Division of the

Court of Common Pleas, to draft one for you. (If the CSEA refuses to draft a child support

Divorce w/ Children (Licking County)

worksheet, and you are low-income, you can contact the Newark office of Southeastern Ohio Legal

Services at (740) 345-0850, or 1-888-831-9412. Otherwise, contact a private attorney.) The Court

is likely to schedule a hearing on the Motion for Temporary Orders if your spouse opposes your

requests.

In the Motion for Temporary Orders, you can ask for spousal support and/or that your spouse

pay for you to hire an attorney. The Court is more likely to grant a request for spousal support

and/or attorney fees if your marriage is long, your spouse makes a lot more money than you do, and

your spouse has money left over after paying m onthly bills and reasonable living expenses. If you

want money to hire an attorney, contact a couple attorneys to find out how much they would charge

for a divorce, and put that information in the affidavit. Also, if you are requesting money to hire an

attorney, you should explain why you cannot represent yourself. These reasons can relate to you

(for example, you suffer from an anxiety disorder or you dropped out of school in 9

grade), or to an

issue in the divorce (for example, your spouse has money in bank accounts which you are afraid s/he

will hide from the Court). You should put all of this information in your affidavit.

If you need more space to explain why it is in your child(ren)’s best interest that you be

given custody, attach an extra sheet of paper to your Affidavit in Support of Motion for Temporary

Orders. Be sure to refer to the attached sheet of paper on the form (for example, continued on

attached paper), and include the heading at the top of the sheet. You should do the same anywhere

else you need more space.

You must sign the Affidavit in Support of Moti on for Tem porary Orders, as well as all the

other affidavits in this packet, in the presence of a notary. If you have a bank, your bank may

notarize the affidavits at no cost to you. If you go to a bank which you do not use, you may be

charged a small fee for having your papers notarized.

9. The Instructions for Service tell the Court how you want your spouse to be served with the

Court papers. If you think that your spouse will sign for the Court papers if they are sent by certified

mail, you can have them served that way. Otherwise, ask that the Court serve the papers by personal

service through the sheriff’s department. If you think that your spouse can be served more easily at

work than at home, you can have your spouse served at his/her work address, by writing his/her

work address in the appropriate blank. You must have a valid address for the Clerk’s office to be

able to serve the divorce papers on your spouse. The Judge has no authority to grant a divorce

unless the other party has been properly notified that you are asking for a divorce and has been given

the opportunity to dispute what you are requesting in the divorce. If you do not have a valid address

for your spouse, read about Affidavit for Service by Posting in OTHER MATTERS, FORMS, AND

PROBLEMS, below.

10. If you cannot afford to pay the filing fee (see the attached Filing Costs table), you will need

to fill out the Affidavit of Indigency

and Judgment Entry (on Affidavit of Indigency). You must

sign the Affidavit of Indigency in the presence of a notary.

11. There are three more affidavits which are required by the Court: Affidavit of Income,

Expenses, and Financial Disclosure, Health Insurance Disclosure Affidavit, and Information for

Parenting Proceeding. At the top, fill in the names of the Plaintiff/Petitioner (1) and the

Defendant/Petitioner (2)/ Respondent and the social security number, date of birth, and address, as

you have done on the other forms. Leave blank the CSEA No., Family File No., and Magistrate. As

with the other affidavits, you must swear that the information which you put on these affidavits is

true and sign them in the presence of a notary. If you are not sure regarding exact amounts or dates,

you should put ‘approximately’ or ‘around’ next to the amounts and dates. If the amounts vary, you

should say so. On the Affidavit of Income, Expenses, and Financial Disclosure, leave the columns

for your spouse blank, or write in ‘unknown.’ If an item does not apply to you, or you do not have a

certain expense, etc. write ‘0’ or ‘none’ on the line. Do not write N/A or not applicable - the Court

has rejected affidavits on that basis. (The Court may reject the form if you leave a lot of blanks.)

12. Read the Information for Parenting Proceeding affidavit especially carefully. You could be

cited for contempt of Court if you leave out any of the information asked for in the questions, or

answer the questions incorrectly.

You will also need to complete the form titled Information for Parenting Proceeding (R.C.

3127.23(A)). At the top fill in the names of the Plaintiff/Petitioner and the Defendant/ Respon-

dent. Also put in the Case Number, if you know it. Leave the line for the Judge’s name blank.

In item 1 you may check the box asking the court to not disclose your current address or that of

your child(ren) if you feel that the health, safety, or liberty of yourself or your child(ren) will be

jeopardized by the disclosure of that information. Question 2 requests information about where

the child(ren) have lived, with whom and for what period of time. You should complete separate

boxes (a, b, and c) for each of the children involved in this case. Questions 3, 4 and 6 require a

yes or no answer and additional information depending on your answer. In item 4, be sure to list

any court cases including, but not limited to, Juvenile Court cases and Civil Protection Order

cases that involved any of the children involved in the current case. In item 5 you must list all

criminal convictions (including guilty pleas) for you and the members of your household for

specific offenses including domestic violence, sexual abuse and child abuse convictions

involving physical harm. Be sure to read this paragraph carefully before answering. Item 7 is a

statement of understanding that you agree to by signing the document.

When you have completed this affidavit, YOU MUST SIGN IT IN THE PRESENCE OF A

NOTARY PUBLIC. You should sign on the line above the word Affiant.

NOTE: Please answer all of the questions on this affidavit truthfully. If you are unsure as

to whether to list a case or conviction, go ahead and list it. If you lie on this form,

misrepresent any of the facts, or fail to list something you should list, the Court may

dismiss your petition, hold you in contempt of court, sentence you to jail, or charge you

with criminal perjury.

13. On the forms which are Judgment Entries, only fill in the caption. Leave the rest of these

forms blank.

** If you need assistance completing these forms, you can attend the free legal clinic held in Licking

County each month. You can contact Southeastern Ohio Legal Services at (740) 345-0850, or 1-

888-831-9412, or the Domestic Relations Division at (740) 670-5399 to find out the date and

location of the next clinic. You should arrive at the clinic no later than 5:30 p.m., and have

completed as much of the forms as you can.**

ILING THE DIVORCE PAPERS

1. After the forms are filled out, signed and notarized, make three (3) copies of every document.

Divorce w/ Children (Licking County)

Leave one copy of every document at home.

2. Take the original and two (2) copies to the Clerk’s Office of the Domestic Relations Court,

which is located on the first floor at 75 East Main Street, Newark, Ohio.

3. A Clerk in the Domestic Relations Court will take your papers and look them over to make

sure they are filled out adequately and that all the forms necessary to file a divorce are there. (Please

note: the Clerk will not check the forms to ensure that they are filled out correctly, and cannot give

you any legal advice.)

4. The Clerk should keep the original of every document for the Court’s file, and one copy of

every document to have served on your spouse. The Clerk should time-stamp a copy of every

document for you to keep. This will be your proof that you have filed the original. Please note: the

Clerk is likely to keep all of the papers and not return any of them to you until later if you are filing

your papers with an Affidavit of Indigency instead of paying the filing fee up front. Be sure the

Clerk has a phone number at which to reach you so that the Court can call you to tell you when to

pick up your time-stamped copies.

THER MATTERS, FORMS, AND PROBLEMS

This packet does not include the following forms, but Southeastern Ohio Legal Services can

provide them to you if you think they are necessary (and the library binder should have a copy of

these forms as well):

Motion for In Chambers Interview

Motion for Appointment of Guardian Ad Litem

Notice of Dismissal

Affidavit for Service by Posting

If custody is contested, you may want to ask for an in chambers interview of your child(ren),

or that a Guardian ad Litem be appointed for your child(ren). Should you change your mind about

getting a divorce, you will want to file a Notice of Dismissal. Please note: If your spouse has filed a

counterclaim for divorce, you will not be able to dismiss the case by filing a Notice of Dismissal.

(Both of you would have to agree to dismiss the case.) Finally, if you do not know where your

spouse is living or working, or can be found otherwise, you should file the Affidavit for Service by

Posting. (Before you can serve a divorce by posting, you must have taken all reasonable steps you

can think of to find your spouse.)

If your children were born before your marriage, the Court may require you to provide proof

that paternity of your children has been established. If paternity was established at or after birth by

signing an Acknowledgment of Paternity

, you may want to get a certified copy Acknowledgment of

Paternity through the Paternity Enhancement Program by calling 1-888-810-6446, and attach this to

the Complaint for Divorce.

If you move during your divorce, be sure to notify the Court in writing regarding your new

address. The Court has a form which you can use for this purpose.

If your spouse answers the divorce papers and asks for something different than what you

have requested, the Court may evaluate the case for m ediation . Be sure to let the Court know that

Divorce w/ Children (Licking County)

you are low-income and that you want the Court’s mediator to do any mediation, instead of sending

you to a private attorney whom you and/or your spouse would have to pay.

You and your spouse are both required to complete a parenting seminar for separating

parents before the Court will give you a divorce. You must complete the seminar within 45 days of

filing the divorce, and your spouse must complete the seminar within 45 days after being served with

the divorce papers. A brochure regarding the seminar will be included with the papers which are

served on your spouse, and the Court should give you a copy of the brochure when you file the

divorce papers. There is a fee for this seminar, however, if you file the Affidavit of Indigency, the

Court should not require you to pay the fee up front. You can contact The Woodlands at (740) 349-

7066 with any questions about the parenting seminar.

HAT HAPPENS NEXT?

Service will be completed by the Clerk of Courts. Sometimes the Clerk’s Office is unable to

complete service. This could be for various reasons, but most often it is because your spouse is no

longer living where you thought s/he was living. If service is not completed, the Clerk’s Office will

notify you, and you should provide another address to the Clerk’s Office at which to serve your

spouse, such as a work address. (Be sure your request has the caption, including the case number,

on it.)

After your court papers are filed and service is completed, your spouse has 28 days to

respond. If your spouse responds, s/he will do so by filing a document called an Answer. The

answer admits or denies each item stated in your Complaint. Your spouse probably will only file an

Answer if he/she opposes something you are requesting in the divorce. If your spouse files an

Answer, you will get a copy of this document in the mail. Your spouse could also file a

Counterclaim asking for what s/he wants.

Look at the bottom of the document to see if your spouse has an attorney representing him or

her. If your spouse has an attorney, it is not recomm ended that you represent yourself. If you are

low-income, you can contact the Newark office of Southeastern Ohio Legal Services at (740) 345-

0850, or 1-888-831-9412 for additional advice, and possibly for representation.

If your spouse answers your divorce papers, the Court may set your case for a Case

Management Conference or a Pre-Trial Conference. The purpose of these conferences is for the

Court to determine the status of your case, including what issues are disputed by you and your

spouse, and what needs to happen before a trial or final hearing can be scheduled. Usually, the

Court does not make decisions regarding the issues in the case at these conferences.

You may want to request a copy of the Local Rules at the Clerk’s Office to find out more

about the procedures of the Court.

REPARATION FOR THE HEARING

1. You must dress as you would for a job interview. Dressing properly shows respect for the

Judge, and will help ensure that the Judge takes you seriously. Bring along any witnesses that you

want to testify for you. (If you want to subpoena witnesses to the hearing, you should ask the Court

for a subpoena form at least a few weeks before the hearing.) You should also have any receipts,

photographs, or other evidence that you want the Judge to see. Be sure to write down before the

Divorce w/ Children (Licking County)

hearing what you want to tell the Judge, and what you want to ask your witnesses, or your spouse

and his/her witnesses.

2. You should bring two witnesses in Court to testify to the grounds for your divorce in case

your spouse denies that you are incompatible.

3. VERY IMPORTANT!!!! THIS IS NOT THE TIME TO TELL THE JUDGE

EVERYTHING YOUR SPOUSE HAS DONE THAT YOU DISAGREE WITH, OR THAT HAS

HURT OR ANGERED YOU. THE JUDGE WILL ONLY WANT TO HEAR THE EVIDENCE

REGARDING WHAT YOU HAVE ASKED FOR IN YOUR COMPLAINT AND MOTION(S).

BE PREPARED TO LIMIT YOUR TESTIMONY TO ONLY THOSE ISSUES RAISED IN YOUR

COMPLAINT AND MOTIONS. THE JUDGE MAY LOSE PATIENCE IF YOU SPEND A LOT

OF TIME ON IRRELEVANT ISSUES.

4. At your hearing, you may be asked questions by the Judge, your spouse, or your spouse’s

attorney. Before answering each question, listen carefully to it. Be sure you provide the information

that you are asked. If you do not understand the question, ask to have the question explained to you

before answering. You have the right to have these questions explained. It is not your fault if the

person asking the question cannot make him or herself understood.

5. Read the three enclosed pamphlets: Rules to Follow When You Are Representing Yourself

in Court; How to Use ... Evidence to Help Prove Your Case; and How to Handle Witnesses W hen

You Are Representing Yourself. These pamphlets can help you prepare for any hearings.

GOOD LUCK!

Divorce w/ Children (Licking County)

IN THE COURT OF COMMON PLEAS, __________________ COUNTY, OHIO

DOMESTIC RELATIONS DIVISION

_______________________

DOB: __________________ Case Number________________

Judge ______________________

Plaintiff,

vs.

_______________________

_______________________ COMPLAINT FOR DIVORCE -

DOB: __________________ WITH CHILDREN

Defendant.

1. Plaintiff has been a resident of the State of Ohio for more than six months

immediately prior to the filing of this Complaint, and of __________________ County for more

than 90 days immediately prior to filing this Complaint and/or Defendant is a resident of

________________ County.

2. Plaintiff and Defendant were married on ____________________ in

__________________, __________. There have been ________ children born as issue of the

marriage, and Plaintiff/Defendant is not currently pregnant:

___________________________________, born ________________;

___________________________________, born ________________; and

___________________________________, born ________________.

3. Defendant has been guilty of:

_____Gross Neglect of Duty; _____Extreme Cruelty;

_____Adultery; _____Imprisonment at the time of filing;

_____Fraudulent contract; _____Habitual Drunkenness; and/or

_____Bigamy; _____Willful Absence of 1 Year or More.

Divorce w/ Children (Licking County)

_________________ v. _________________

Complaint for Divorce

Page 2

Additionally, _____Plaintiff and Defendant are incompatible; and/or

_____Plaintiff and Defendant have lived separate and apart without interruption

for one year.

The specific facts regarding the reason for the divorce will be told to the Court at the final

hearing.

4. Plaintiff and Defendant do not own any real property/ own the real property located at

_____________________________________________________.

5. Plaintiff and Defendant have acquired certain personal property during the marriage.

(circle one) This property has been substantially divided. This property has not been divided and

includes the following items: ______________________________________________

_____________________________________________________________________

____________________________________________________________________.

6. Plaintiff and Defendant (circle one) have no debts/ have the following debts:

_____________________________________________________________________

____________________________________________________________________.

7. Defendant may not damage, destroy, sell or attempt to sell, dispose of, or remove marital

property and/or Plaintiff's or the child(ren)’s personal property from Plaintiff’s residence, or

incur debts in Plaintiff’s or Defendant’s name for which Plaintiff may be held liable.

8. Defendant may injure, threaten, harass, or physically abuse the Plaintiff.

WHEREFORE, Plaintiff prays that s/he be granted a divorce from Defendant; and that

Plaintiff be granted:

_____Designation as the temporary and permanent residential parent and legal

custodian of the minor children;

_____Parenting time for Plaintiff/Defendant pursuant to this Court’s Local Rules;

_____Parenting time for Plaintiff/Defendant as follows: _________________

____________________________________________________________________

_________________ v. _________________

Complaint for Divorce

Divorce w/ Children (Licking County)

Page 3

_______________________________________________________________

_______________________________________________________________;

_____Temporary and permanent child support;

_____Temporary and permanent spousal support;

_____An order requiring Defendant to pay Plaintiff attorney’s fees pursuant to

R.C. 3105.18(H) so that Plaintiff can hire an attorney;

_____Temporary and permanent possession of the marital premises;

_____An award of the real property to Plaintiff/Defendant.

_____An equitable division of the personal property and/or debts including that

Plaintiff be awarded the following items of personal property: ____________

________________________________________________________________

_______________________________________________________________;

_____The personal property of the minor children;

_____Restoration of maiden name _____________________________ ;

_____A temporary restraining order requiring Defendant not to injure, threaten,

harass, or physically abuse Plaintiff; and

_____A temporary restraining order requiring Defendant not to damage, destroy,

sell or attempt to sell, dispose of, or remove marital property and/or Plaintiff's or

the child(ren)’s personal property from Plaintiff’s residence, or incur debts in

Plaintiff’s or Defendant’s name for which Plaintiff may be held liable.

_____Plaintiff further prays for an Order requiring Defendant to pay the costs of

this action; and

_____For such other relief as the Court finds just, proper, and fair.

Respectfully submitted,

________________________________

,Plaintiff

________________________________

Telephone: _____________________