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IN THE COMMON PLEAS COURT OF RICHLAND COUNTY, OHIO DOMESTIC RELATIONS DIVISION


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


  1. Basic requirements for a Divorce and Dissolution are set forth below. For additional information (and information regarding other actions, including the reallocation of parental rights and responsibilities), please refer to the Local Rules of Court.

    If you do not understand the requirements set forth herein, DO NOT CALL the CLERK OF COURTS or THE COURT. NO ONE in the Clerk's office or the Court is permitted to give you legal advice. Please contact an attorney.


  2. PLEASE OBTAIN A COPY OF THE LOCAL RULES OF COURT from the RICHLAND COUNTY LAW LIBRARY or ONLINE at www.richlandcountyoh.us/index.htm.


  3. Once you have filed an action with the Clerk of Courts, all or a portion of your filing fee/court cost deposit will be applied to costs. Your failure to successfully complete the action, may or may not result in a partial refund of your filing fee/court cost deposit. In addition, filing an action with the Clerk of Courts may result in court costs which exceed the filing fee/court cost deposit. DO NOT FILE ANY ACTION EXPECTING A COURT COST REFUND.


DIVORCE


  1. The following documents must be filed to commence an action for divorce:

    1. Complaint;

    2. Affidavit of Plaintiff to the Complaint;

    3. Financial Affidavit (Form 5.00 - see Local Rules of Court), including proof of income;

    4. Parenting Proceeding Affidavit (Form 6.00 - see Local Rules of Court), if the parties have child(ren), including ALL child(ren) born during the marriage;

    5. Child Support Computation Worksheet, if the parties have child(ren);

    6. Judgment Entry of Injunctions (Form 3.00 - see Local Rules of Court), unless a signed Separation Agreement with an injunctive clause is filed with the Complaint;

    7. Proposal for Temporary Orders (Form 4.00 - see Local Rules of Court), if the Plaintiff desires Temporary Orders;

    8. Separation Agreement, if applicable (see below for additional instructions regarding separation agreements);

    9. Waiver(s) of Attorney, if applicable;

    10. Instructions for Service of the Complaint and other pleadings, or Waiver of Service of Summons/Process by Defendant;
      and

    11. Title IV-D Application, if the case involves minor child(ren) or child support (contact CSEA for Application).

  2. If you are proceeding with a Complaint for Divorce, incorporating a 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 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 of Court).

    The Separation Agreement must include all applicable attachments, for example, a child support worksheet and Local Rule 24 (see Local Rules of Court).

    The Separation Agreement must be accompanied by a Dependent Health Care Order, if the parties have child(ren) (Form 11.00 - see Local Rules of Court); and a Withholding Notice (if applicable).


  3. It is your responsibility to obtain service of process or a Waiver of Service of Summons/Process. Failure to do so within a reasonable time will result in the DISMISSAL of your action.


  4. If the Defendant fails to respond, it is your responsibility to schedule a final hearing with the Court, and to send the appropriate notice of the final hearing to the Defendant. Failure to do so within a reasonable time will result in the DISMISSAL of your action.


  5. The following documents must be submitted in order to finalize a divorce action. Failure to submit the properly prepared documents may result in a DISMISSAL of your Complaint for Divorce.

    1. A final Decree of Divorce must be submitted to the Court 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), 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 Decree must include all applicable language including, for example, appropriate child support language (Forms 17.00 and 18.00 - see Local Rules of Court) and appropriate notice language.

      The Decree must include all applicable attachments, for example, a child support computation worksheet and Local Rule 24 (see Local Rules of Court).


    2. A Dependent Health Care Order, if the parties have child(ren) (Form 11.00 - see Local Rules of Court).


    3. A Withholding Notice (if applicable).


  6. You must appear, with a corroborating witness, 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 upon which you are seeking to terminate the marriage.


DISSOLUTION


  1. The following documents must be filed to commence an action for a dissolution of marriage:
    1. Petition;

    2. Waiver of Service of Summons/Process by both parties;

    3. Waiver(s) of Attorney, if applicable;

    4. Financial Affidavits (Form 5.00 - see Local Rules of Court), including proof of income;
    5. Parenting Proceeding Affidavits (Form 6.00 - see Local Rules of Court), if the parties have child(ren), including ALL child(ren) born during the marriage;

    6. Child Support Computation Worksheet, if the parties have child(ren);

    7. Separation Agreement;

    8. Dependent Health Care Order, if the parties have child(ren) (Form 11.00 - see Local Rules of Court);

    9. Withholding Notice (if applicable);
      and

    10. Title IV-D Application, if the case involves minor child(ren) or child support (contact CSEA).


  2. 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 of the parties, and all other provisions relevant to your case.

    The Separation Agreement must include all applicable language, for example, appropriate child support language and appropriate notice language (see Local Rules of Court).

    The Separation Agreement must include all applicable attachments, for example, a child support computation worksheet and Local Rule 24 (see Local Rules of Court).


  3. It is your responsibility to schedule a final hearing with the Court. Failure to schedule a final hearing, not less than 30 days and not more than 90 days after the filing of your Petition, or to convert the action to a divorce, not less than 30 days and not more than 90 days after the filing of your Petition, will result in the DISMISSAL of your action.


  4. The following documents must be submitted in order to finalize a dissolution. Failure to submit the properly prepared documents may result in a DISMISSAL of your Petition for Dissolution.

    A final Decree of Dissolution must be submitted to the Court at the time of the final hearing. The Decree must include language establishing the Court’s jurisdiction, paternity (if applicable), child support (if applicable), and all other provisions relevant to your case; and incorporating the separation agreement.

    The Decree must include all applicable language including, for example, appropriate child support language (Forms 17.00 and 18.00 - see Local Rules of Court) and appropriate notice language.

    The Decree must include all applicable attachments; for example, the separation agreement, a child support computation worksheet, and Local Rule 24 (see Local Rules of Court).


  5. BOTH parties must appear at the final hearing. Failure to do so may result in the DISMISSAL of your action.


Heather Cockley, JUDGE