Domestic Relations Court
Domestic RelationsCourt is a specialized division of Common Pleas Court that only hears certainkinds of cases. Generally, domestic relations courts hear divorces,dissolutions, legal separations, annulments, domestic violence civil protectionorder petitions, enforcement of foreign support orders, establishment ofcertain foreign support cases and registration of certain non-Ohio divorcedecrees. Additionally, the court continues to retainjurisdiction to enforce its own orders and to modify issues relating to thecustody of minor children and child support.
I. Terminating Your Marriage
Ohio residents have the option of terminating their marriages either (a) byagreement through a dissolution or (b) by filing a divorce action. In addition,the spouses may want to remain married but formalize their rights and dutiesthrough a court-ordered legal separation. These legal proceedings may becomplicated, so it is a good idea to talk to an attorney about what method isavailable and best for you. Courtstaff may give you some general information but cannot tell you what you shoulddo or how to do it.
When a marriage is terminated, there are four (4) main areas that the spouses,attorneys, and Court must address:
(1) The basis for terminating the marriage – If a divorce,the person who wants the divorce must have either fault-based or no-fault basesto end the marriage; if a dissolution, the spouses must desire to end the marriage.
(2) The property and debt division – This includes realestate, furniture, cars, tools, pensions, bank accounts, as well as credit cardaccounts, hospital bills, mortgage or equity loans, and car loans.
(3) Allocation of parental rights and responsibilities, ifthere are minor children – This includes the children’s living arrangements,financial support, medicalinsurance, and tax dependent status. Except in cases of adoption, this mayalso include determining whether the husband is the children’s biologicalfather.
(4) Spousal support (what used to be called “alimony”) –One spouse may request some ongoing support, other than child support.
A. Dissolution
Ohio law allows spouses to end their marriage by agreement without statingwhy they want the marriage ended. They must agree to all matters – includingproperty and debt division, parental rights and duties, and spousal support (ifany) – and put that in the form of a written contract or separationagreement. One of the spouses must have resided in Ohio for at least six(6) months immediately before the petition was filed.
The hearing on your petition will be scheduled at least 30 days after youfiled the petition but not more than 90 days after it was filed. Both spousesmust appear for the dissolution hearing. At that hearing, the Magistrate orJudge will ask you questions about your agreement and your petition. You arerequired to bring a judgment entry or decree of dissolution for the Judge orMagistrate to sign to order your marriage terminated.
B. Divorce
A divorce case is started by one spouse (called the “plaintiff” in the courtcase) filing a complaint for divorce with the Clerk of Courts. The plaintiff ina divorce case must have resided in Ohio for at least six (6) months; the caseis usually filed in the county where the plaintiff has lived for at leastninety (90) days. The complaint is “served on” or delivered to the otherspouse, who is called the “defendant” in the court case. The defendant has 28days after getting the complaint to filea response, either just an answer or an answer and counterclaim fordivorce. If the defendant files a counterclaim, the plaintiff gets to file aresponse.
In some situations, the case may be scheduled fairly soon for what is calleda “temporary orders” hearing. Otherwise, after both spouses have had a chanceto file their initial papers, the case will be either set for a pretrialconference or a final hearing. At a pretrial conference, the attorneystypically meet with the Magistrate to discuss what disputes the spouses have,to plan how to proceed, to set timelines or deadlines, and to schedule anyother hearings. If you represent yourself, you will participate in the pretrialconference.
At the final hearing, if the spouses have agreed to everything, theagreement is either outlined for the Court in the courtroom or presented to theCourt as a written separation agreement. Otherwise, where the divorce, propertydivision, or children’s issues are disputed, the spouses are required topresent evidence about all the issues the Court has to decide.
There are several grounds for divorce under Ohio Revised Code section3105.01. The most commonly cited are: incompatibility, living separate andapart for more than a year, adultery, extreme cruelty, and gross neglect ofduty. You can also get a divorce for your spouse’s bigamy, fraudulent contract,habitual drunkenness, or imprisonment for a felony.
C. Terminology and Requirements Regarding Dissolution and DivorceCases
Allocation of Parental Rights and Responsibilities – Thisused to be called custody, visitation, and support. There are specific lawsthat the Court must follow in determining which parent is the “residentialparent,” what “parenting time” the “non-residential parent” will have, and whatfinancial arrangements will be made. Coshocton County has standard parentingschedules that provide a starting point for parents to consider. The parentsmay agree to that schedule or some variation, just as the Court may vary fromthat schedule if the parents cannot agree. You may see that parenting scheduleat this website. Local Rules ofPractice, Rule 20(I).
The Court may either designate one parent the sole residential parent of theminor children or may grant shared parenting. Before the Court can grant sharedparenting, at least one of the parents must have filed a “shared parentingplan” with the Clerk of Courts. Details about residential parent and parentingtime are found at Ohio Revised Code sections 3109.04 and 3109.051. In addition,the parents and Court must ensure that the children have health insurance, ifavailable through either parent’s work, and that the children’s uninsuredmedical expenses are paid. Finally, the parents can agree on, or the Court candecide, who claims the children as tax dependents.
The Court has what is called “continuing jurisdiction” over all mattersregarding the children. That means that the Court that issued the originalorders regarding the children can make changes to those orders if yourcirc*mstances change or it is otherwise appropriate for the children. Torequest changes in the orders, you have to file a motion to modify theallocation of parental rights and responsibilities. If you only want the childsupport amount changed, you may contact the Coshocton County Child SupportEnforcement Agency and request a review. If you disagree with that agency’srecommendation, you can still bring the case to the Court for review.
“Service” or “Service of Summons” – This term refers to themethod of delivering to the other party the papers that are filed with theClerk of Courts. There are specific ways that court papers must be “served” onthe other party, and those rules are found in the Ohio Rules of Civil Procedureat Rules 4 through 4.6. When a complaint is filed, or a case is re-opened tomodify some provisions, the other party must be properly “served” under theRules. It is the responsibility of the person filing the papers with the Clerkof Courts to give the Clerk written instructions about how to serve the papersand where the other party may be found to serve the papers.
Guardian ad Litem (GAL) – This is the name given to aspecially trained attorney or volunteer who is appointed by the Court toinvestigate the children’s circ*mstances and make recommendations regarding thechildren’s best interest. The GAL does not represent either parent and does notrepresent what the children want – the GAL represents what is best for thechildren. Either parent may request the appointment of a GAL, or the Court mayappoint one because of particular concerns about the children or the parents’behavior. The Court requires a minimumdeposit of $500.00 to cover the GAL fees.Any fees in excess of $500.00 will be billed to the parties, and must bepaid promptly.
Mediation – This is a processthat allows you and your spouse (or ex-spouse) to talk about disputed issueswith the guidance of a neutral third-party. The Court uses Family Pact as amediator to meet with you and help you decide how you want to resolve thedisputed matters. Most cases involving residential parenting, parenting timeand child support are automatically referred to Family Pact for mediation. Attending this mediation is a Courtorder. Failure to attend will result ina contempt hearing which could result in a fine, jail time, or both.
Judgment Entry – This term refersto a court order and includes a decree of divorce or dissolution. Every case isended with a Judgment Entry that sets out what orders the Court made (forexample, the marriage is dissolved or the divorce granted, who is residentialparent, who pays support, who gets what property).
II. Post-Decree Motions
After a divorce or dissolution proceeding is final, more disputes may arisebetween former spouses. The Court has the authority to modify the ordersrelated to any minor children, if certain requirements are met, and to enforceall orders issued by the Court. Parties to the case bring those matters to theCourt’s attention through a written motion or request for additional orders.These motions are called “post-decree motions” because they are filed after thefinal decree of divorce or dissolution; they re-open the original divorce ordissolution case. When you file a post-decree motion, you have to serve the newmotion on your former spouse by certified mail or other approved method.
Some examples of post-decree motions are: (a) If you have an order thatgrants you parenting time and the children’s other parent refuses to allow youto see the children or interferes with that parenting time, you can file amotion to show cause or to find your former spouse in contempt for violating theorder. The motion should specify the times and dates when you were deniedparenting time. (b) If you believe the children’s best interest would be servedby changing the parenting time, or if your incomes have changed so that supportshould be recalculated, you may file a motion to modify the existing orders.(c) If your former spouse will not pay the debt in your name, as ordered, youmay file a motion to find your former spouse in contempt for violating theorder and/or to get paid back any money you had to pay on the debt.
