Domestic Relations (Family Law)

Divorce and Dissolution

Helpful Hints for Domestic Relations Cases and Checklist

Domestic Violence and Stalking Civil Protection Orders
This links you to a website provided by Ohio Legal Services. For local help, contact the Tuscarawas County Prosecutor's office 330-365-3214

Dissolution without Children (to this Marriage) (FULL PACKET)
This packet contains all of the forms necessary to file a Dissolution of Marriage without Children. A dissolution of marriage may only be filed when both spouses are in complete agreement with the terms of the separation agreement. This packet may not be used if the spouses have minor children together or a child was born during the marriage, regardless of paternity.

Dissolution with Children (to this Marriage) (FULL PACKET)
This packet contains all of the forms necessary to file a Dissolution of Marriage with Children. A dissolution of marriage may only be filed when both spouses are in complete agreement with the terms of the separation agreement.

Divorce with Children (to this Marriage) (FULL PACKET)
This packet contains all the forms necessary to file a Divorce with Children. If you or your spouse own any real estate, or have any type of pension plan, you should consult an attorney before using these forms.

Divorce without Children (to this Marriage) (FULL PACKET)
This packet contains all the forms necessary to file a Divorce without Children. This packet may not be used if the spouses have minor children together or if a child was born during the marriage, regardless of paternity. If you or your spouse own any real estate, or have any type of pension plan, you should consult an attorney before using these forms.

How to File an Answer to a Divorce Complaint (No Children)
If your spouse has filed a Complaint for Divorce against you and there are no children involved in the marriage, you may use this packet to file an Answer to the Divorce Complaint. When you file your answer to the divorce complaint, you may want to consider filing a counterclaim. Filing a counterclaim is not covered by this packet. You should consult an attorney if you want to file a counterclaim. If you or your spouse own any real estate, or have any type of pension plan, you should consult an attorney before using these forms.

How to File an Answer to a Divorce Complaint (with children)
This packet contains all the forms necessary to file a Divorce with Children. If you or your spouse own any real estate, or have any type of pension plan, you should consult an attorney before using these forms.

Separation Agreement without Children to the Marriage
Use this form for when the parties to a divorce (who did not have children together during the marriage) have reached a settlement agreement and wish to file a separation agreement documenting the terms of that agreement.

Separation Agreement with Children to the Marriage
Use this form for when the parties to a divorce (who have had children together during the marriage) have reached a settlement agreement and wish to file a separation agreement documenting the terms of that agreement.

Shared Parenting Plan
In shared parenting, the parents "share" the parental rights and responsibilities according to a shared parenting plan. This form may be used by parents to assist them in writing the shared parenting plan.

Standard Parenting Orders and Incidental Rules
In any dissolution, divorce or custody case, the court will normally follow these guidelines.  The Standard Parenting Order sets out how often a non-residential parent should see their children.  This is normally the minimum amount of visitation that will take place. The parties can agree to change the schedule.  The Standard Parenting Orders apply when parents live 150 or fewer miles apart.  If the parents live further than 150 miles apart, the Long Distance Parenting Orders apply.  Issues such as who will transport the child are also covered in this section.

Long Distance Parenting Orders and Incidental Rules
In any dissolution, divorce or custody case where the parents live more than 150 miles apart, the court will normally follow these guidelines. The Long Distance Parenting Order sets out how often a non-residential parent should see their children. This is normally the minimum amount of visitation that will take place. The parties can agree to change the schedule.  If the parents live closer than 150 miles apart, please see the Standard Parenting Orders and Incidental Rules. Issues such as who will transport the child are also covered in this section.

 

Post- Decree Issues

Agreed Motion for Change of Custody in Common Pleas Court
This packet contains forms requesting a change of custody. These forms can only be used when the Common Pleas Court Judge has already made a decision about custody in a divorce or dissolution action and both parents agree to change custody from what the Judge ordered.

Motion for Change of Custody in Common Pleas Court (No Agreement)
This packet contains forms requesting a change of custody. These forms can only be used when the Common Pleas Court Judge has already made a decision about custody in a divorce or dissolution action.

Notice of Relocation
If you wish to move from the address listed in your custody papers or the address you had when you were last in court, the law may require you to give notice to the non-custodial parent, the court which issued the custody decision, and the Child Support Enforcement Agency prior to moving. You may use these forms for that purpose.

Request for Mediation before filing Post Decree Motion
This form is to be used when the parties agree to have a post decree dispute go to the Mediation Program for resolution before either party files a motion.

Motion to Modify Child Support in Common Pleas Court
This form may be used to change a child support obligation previously issued by the Common Pleas Court.

Motion to Modify Visitation in Common Pleas Court 
This packet contains forms requesting a change in a visitation schedule. These forms can only be used when the Common Pleas Court Judge has already made a decision about visitation in a previously filed case.

 

Miscellaneous

Motion to Show Cause for Contempt
This form may be used if you want the court to find a party of an already existing case in the Common Pleas Court in contempt for failure to obey the orders issued by the court.

Petition for Waiver of Filing Fee Court Cost Deposit and Affidavit in Support of Petition for Waiver of Filing Fee
These two forms should be used by people with low income in order to ask the court for permission to file a case without having to pay the court cost deposit/filing fee. The court will rule on the petition after setting the matter for a non-oral consideration. The affidavit must be notarized and filed with the petition.

Request for an Administrative Review of the Support Order
This form may be used to change a child support obligation previously issued by the Child Support Enforcement Agency.

Grandparent Caregiver Power of Attorney
This link explains how a person can authorize a grandparent to care for their child. The Grandparent Power of Attorney (POA) form is to be used in consensual situations, where the parent(s) are empowering the grandparent caregiver to care for their child.

Grandparent Authorization Affidavit
The Grandparent Caregiver Authorization Affidavit (CAA) form is to be used when the children reside with the grandparent, but despite reasonable efforts, the parent(s) are unable to be located.

UCCJEA Declaration
This form is needed by the court when minor children are involved in the case so that the court has proper jurisdiction.

Objection to Magistrate’s Decision
This form can be used to object (challenge) to a Magistrate’s Decision.  See Civ. R. 53

Motion to Set Aside Magistrate’s Order
This form can be used to formally disagree or challenge a Magistrate’s Order.  See Civ. R. 53

Request for Transcript of Hearing
This form can be used to ask the Court to have a transcript prepared.  See Local Rule 21 regarding such

Domestic Relations Case Designation Form  
Must be filed with all new domestic relations cases or re-opening motions in a domestic relations case

Standard Domestic Relations forms in languages other than English.

Unmarried Mother's custody rights