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Ohio Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Ohio. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Ohio, certain forms may or may not be required by the Ohio courts.
Petition for Dissolution of Marriage
This form, which is filed jointly, identifies the parties, their children, if any, and it incorporates a signed and executed separation agreement. It establishes that at least one of the parties meets the residency requirements for a dissolution. This petition is used in uncontested actions.
Complaint for Divorce
Filed by the Plaintiff, this form identifies the parties, their children, if any, and may or may not ask for an equitable distribution of property, custody, spousal and child support and the restoration of a name. It establishes that the Plaintiff meets the residency requirements for a divorce. This complaint may be used in either contested or uncontested actions.
Answer and Counterclaim
Filed by the Defendant, this form is used in contested actions when he or she wishes to agree or disagree with allegations and claims made by the Plaintiff in the Complaint for Divorce. This form includes a Certificate of Service, which certifies that a copy of the Answer and Counterclaim was mailed to the Plaintiff or his or her attorney.
Motion for Conversion and Petition for Dissolution and Order
The motion and order form is used when the couple launch a divorce and then through negotiations achieve a settlement whereby the spouses decide to end the marriage via a dissolution. The action then proceeds as if the Motion had been the original complaint.
Motion for Conversion and Complaint for Divorce and Order
The motion and order form is used when the couple launch and action a dissolution and then through un successful negotiations to achieve a settlement decide to end the marriage as a divorce, which may be contested and on fault grounds. The action then proceeds as if the Motion had been the original complaint.
This form, which is filed jointly with the Petition of Dissolution, stipulates the division of all property and debts, spousal support (how much and for how long, if appropriate), the allocation of parental rights, parenting time, responsibilities and child support. In a dissolution, it stipulates that each spouse waives the right to an attorney. This form must be signed and acknowledged by both spouses and notarized.
Financial Disclosure Affidavit
Depending on the county of filing, this form, which must be notarized, may be required of either or both spouses. Two versions of the form are in use in Ohio counties. It catalogs the income and assets of the filing spouse. In dissolution or divorce actions, some courts require this only if spousal and/or child support is an issue. This form is notarized.
Waiver of Legal Representation
This form, which is signed and filed jointly, is used in marital dissolutions; it states that neither party in the action "is represented by counsel." Depending upon the county, this form may not be required.
Waiver of Service of Summons
This form, which is signed and filed jointly, is used when the couple file for dissolution. Some forms for Petition of Dissolution include a provision for waiver, so the form may not be required in all courts. Since both spouses are filing jointly, however, neither requires a service of summons.
Affidavit in Compliance with O.R.C. 3109.27, or Information for Parenting Proceeding
These forms are used only in dissolutions and divorces involving children. Depending upon the county, either of these forms may be used. The forms inform the court of the status of any child involved in the dissolution in any other court in another jurisdiction.
(Service of) Summons
The Summons, which is obtained from the court clerk, informs the Defendant that he or she has been sued for divorce. It informs him of his or her rights and obligations, and is generally accomplished by certified mail. When the Defendant files for divorce, he or she completes service instructions for the Notice of Service.
Health Insurance Disclosure Affidavit
This affidavit details the medical coverage of the entire family, including deductibles and coverage. This form profiles the medical, dental, vision, prescription coverage as it applies to both the husband and the wife. This form is notarized.
Decree of Dissolution of Marriage
This form, when signed by a judge, ends the marriage in a dissolution. It includes a number of Notices, including 1) a order to both parents to keep the Child Support Agency current about personal information, 2) an order to inform the court if the custodial parent intends to relocate, 3) and an access notice for the noncustodial parent to a child’s records, day care and school activities. Both parties must sign these notices.
Judgment Entry Decree of Divorce
This form, when signed by a judge, ends the marriage in a divorce. It spells out the terms and conditions of child support, medical and life insurance, any income tax dependency exemption, property division and it includes a number of Notices, including 1) a order to both parents to keep the Child Support Agency current about personal information, 2) an order to inform the court if the custodial parent intends to relocate, 3) and an access notice for the noncustodial parent to a child’s records, day care and school activities. Both parties must sign these notices.
Health Care Order
This form is used in dissolutions where there are minor children. It orders one party to maintain proper medical insurance for them. It may be used in conjunction with or as a substitute for a Qualified Medical Support Order.
Health Care Verification
This form verifies that the Obligor has complied with the Health Care Order and that the required coverage is or will be in force for the benefit of his or her minor children. This form is notarized.
Child Support Deduction Notice
This form varies from county to county, and the appropriate one can be obtained from the court clerk. It is used to require an employer to withhold a certain percentage of a payor’s income and pay it directly to the Office of Child Support, which in turn is conveyed to a payee, the custodial parent.
Spousal Support Deduction Notice
This form varies from county to county, and the appropriate one can be obtained from the court clerk. It is used to require an employer to withhold a certain percentage of a payor’s income for payment to the payee.
Child Support Computation Worksheet(s) (Sole, Shared or Split Parenting)
These worksheets are used to compute child support based on the custody arrangements. The computations are based on the incomes of the parents, and the forms take time to complete.
Diligent Search Checklist
Ohio requires that a Plaintiff trying to locate a missing or uncooperative spouse make an exhaustive search of any avenues that might lead to his or her whereabouts. This form lists 17 requited steps in a diligent search.
The Ohio court may decide that one spouse needs spousal support from the other in order to meet his or her basic living needs and to maintain the lifestyle he or she enjoyed during the marriage.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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