Dissolution
Before you file, review these Frequently Asked Questions:
- Do both spouses agree about ending the marriage and related issues?
- We can’t afford to hire lawyers. What other sources of help are available?
Some Sources for Mediation:
Community Mediation Services (sliding fee scale)
67 Jefferson Ave. (614) 228-7192
Mediation Services at Domestic Court
373 South High St., 3d floor (614) 462-6640
http://www.fccourts.org/DRJ/compmed.html
- Are there some things we shouldn’t try to do ourselves?
If your children have special needs, or if any of the parties receive public assistance, you should consult with an attorney.
- Can one attorney represent both of us in our dissolution?
- We bought a dissolution kit at a store or on-line. Is it going to work in court?
There is no do it yourself dissolution kit that is officially endorsed by the court for use in Franklin County, Ohio. If you have purchased such materials, and file them with the court, you will receive a checklist of changes needed to finish your case. The information on this website may be helpful to you in making the necessary changes.
- If we don’t buy a kit, is there any place we can get samples of the paperwork?
All Columbus Public Libraries have basic reference books that can help you do the petition, separation agreement, and decree of dissolution. You can also go to the Columbus Law Library, located at 375 South High Street, 10th floor (221-0754). The reference librarian maintains a notebook of family law materials there. Most public libraries have copies of helpful books in their reference departments.Two good ones are: Sowald and Morganstern’s Domestic Relations Law (Chapter 10 and forms) and Anderson’s Ohio Family Law ( Ch. 18 and 19 and forms). Remember not every paragraph in a sample form may be needed in your case.
- How is child support determined?
Ohio has child support guidelines, which compute the amount of family income that it would take to raise the children, if the family had stayed together. If you have agreed about the children’s living arrangements and have separated you can contact Franklin County Child Support Enforcement Agency ( 80 East Fulton Street, 462-3275) to compute the child support guidelines amount and prepare the wage-withholding forms. When you later file for dissolution, you won’t need to redo child support; you can simply refer to the order already obtained through the FCCSEA administrative process.
- Computing your own child support order
To estimate the amount of child support that would apply to your case, click here. http://www.alllaw.com/calculators/Childsupport/ohio/ Remember that this is only an estimate, and the actual guidelines amount might vary. It is also possible for you to vary or deviate from the guidelines , if you present the court with good reasons why that should happen.
You can obtain the official forms to calculate child support at Franklin County Domestic Relations Court, 373 South High Street, Columbus, Ohio 43215 or click here http://www.fccourts.org/DRJ/PDF/forms/Form-22.pdf All of the courtrooms on the third and six floors maintain a supply of these forms. You may also wish to pick up a copy of the booklet, Child Support: Answers to Frequently Asked Questions, which is available in the same locations.
Ohio law requires that child support ordered by a court must be deducted from the wages of the paying parent and paid through the court and then sent to the receiving parent.
- What if our children were born before we got married?
If parentage was not determined by an affidavit in the hospital or an administrative or court proceeding, you will need to contact FCCSEA to do so. If it has been done, you will need to obtain the affidavit number to include in your petition and separation agreement. You can fax this form (Link A) to FCCSEA to obtain information about previous cases. You can also request the information in person by visiting the office at 80 East Fulton Street, Columbus, Ohio 43215.
- We have been separated for several years and wife has had a child by someone else. Do we just leave that child out of the dissolution?
No. That child’s parentage must be determined, because the husband is presumed by law to be the father of all children born between the date of the marriage and the date it is terminated.
Contact FCCSEA to start the parentage case and set up DNA testing, or you will need to file for divorce, instead It is possible to combine parentage proceedings with a divorce, but you cannot do so in a dissolution. If you get the parentage done first, you can just attach a copy of the FCCSEA findings to your separation agreement when you file for dissolution. More information is available at http://www.co.franklin.oh.us/commissioners/csea/paternity_establishment.cfm
- We think we have an agreement. What do we do now?
Prepare a petition and separation agreement, and the official forms required by the court. The following pages of the workshop will go step-by-step through the separation agreement and link you to the required forms you will need in court.
- Are there general instructions?
Yes. Use zeros (instead of dashes or N/A )if parts of the court forms don’t pertain to your situation.
If you prefer to fill out the court forms by hand, rather than using the computer, you can obtain copies at the Clerk’s Office, 373 South High Street, third floor. Turn right as you leave the elevator. The forms are in a rack on the wall opposite the counter.
- How much does it cost if we do it ourselves?
Court costs are $185.00.
- We need to file for Bankruptcy. How does that affect a dissolution?
Wait until Chapter 7 is done. If Chapter 13, ask your bankruptcy attorney to get the permission of the bankruptcy court to allow a dissolution to be filed.
FILING YOUR CASE: FIVE STEPS TO SUCCESS
Step One: Prepare Petition and required forms:
Petition for Dissolution must state:
1. Show parties are living separately and parties have been residents of Franklin County, Ohio for at least six months prior to filing.
2. Date and place of marriage and names and dates of birth of children.
3. Case numbers of any necessary parentages and support cases done by CSEA.
4. Incorporate and attach separation agreement.
5. Prayer – asking court to approve agreement and dissolve marriage.
6. Signatures of husband and wife.
Sample petitions may be found in the books mentioned above or at the Columbus Law Library.
Certificate (LINK B)
Lists any prior filings to terminate this marriage.
Rule 17 (Financial Disclosure Affidavit) A separate form must be filed for both husband and wife http://www.fccourts.org/DRJ/PDF/forms/COC-DR-05.pdf
1. Remember to use zeros rather than N/A or blank lines.
2. You may attach a separate sheet if there is not enough room.
3. Your separation agreement will need to state who will keep each item of property and pay each debt listed.
4. Like all affidavits, this must be signed before a Notary Public.
Waiver forms (2) Each spouse must sign a waiver of service of summons before a Notary (Link C).
Step Two: If you have children, you also need the following documents:
Custody Affidavit http://www.fccourts.org/DRJ/PDF/forms/COC-DR-04.pdf
You must list all of the addresses where the children have lived for the five years preceding the filing of the divorce (or since birth, if any are younger than 5)
You must answer the questions on the second page completely and sign before a Notary Public
Health Insurance Disclosure Affidavit http://www.fccourts.org/DRJ/PDF/forms/J-232.pdf
You must list all coverage available for the children.
If none is available, the form must still be completed, using zeros.
Must be signed before a Notary.
Child Support Computation Sheet http://www.fccourts.org/DRJ/PDF/forms/Form-22.pdf
You can obtain this worksheet from the Court officers in any courtroom on the third or sixth floor at 373 South High Street.
Even if you have decided that neither parent will pay support, the worksheet must be completed.
The “schedules” used to determine the amount are found at Ohio Revised Code §3119.02.1 This is the amount that is written on line 17 of the worksheet. The Ohio Revised Code is available at public libraries, or click here. http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC
* Note there are 2 different worksheets. This is the one for sole custody or shared parenting ( where child support will flow from the higher-earning parent to the lower-earning parent). http://www.fccourts.org/DRJ/PDF/forms/Form-22.pdf,
Another worksheet is used for split custody, where one or more child(ren) stays with each parent. You can get this form from courtrooms on the third or sixth floor.
Step Three: Prepare your agreement (If you don’t have children, skip parts 3 and 4 below:
Separation Agreement ( See books listed above for sample forms)
1. Date of signing, date and place of marriage, names & dates of birth of children, date of separation & intent to provide for division of all property.
2. Spousal Support either shall be waived by both parties and not modifiable or shall be payable one to the other: An attorney should be consulted regarding spousal support to explain income tax considerations and appropriateness.
3. Allocation of parental rights and responsibilities (custody of children)
a. “Sole” custody: one parent is residential parent and legal custodian
i. The other parent’s “parenting time” must be specific – “reasonable” or “liberal” is non sufficient.
ii. Many families use local Rule 27, which is not required, but can serve as a guideline. http://www.fccourts.org/DRJ/PDF/forms/J-394.pdf
iii. Be sure to specify local or long-distance version and attach a copy to your separation agreement
iv. If you do not agree on arrangements for children, try to mediate to come up with a plan. If you aren’t able to agree, you will need to file for divorce to end your marriage, not dissolution.
b. “Shared parenting” where the parents share legal and physical responsibility. If you want this arrangement, you must file a separate shared parenting plan which provides for the school placement of the children, even if they are not yet school age.
i. Sample shared parenting plans may be found in reference books listed above.
ii. Shared parenting need not involve exactly a 50/50 timeshare; the plan may provide for any arrangement that is in the best interests of the children. The key difference in shared parenting is that both parents share many decisions about raising the family after the marriage ends.
iii. Consider mediating your shared parenting plan prior to filing dissolution. See Sources for Mediation, above.
c. Required notices. Both sole custody (allocation of parental rights) and shared parenting arrangements must contain four required legal notices.
http://www.fccourts.org/DRJ/lrdom/lrdom18.html
4. Child Support
a. Must be stated as a monthly amount and must add 2% processing charge.
b. Must be paid by payroll deduction through the court to Child Support Payment Central and disbursed to the payee/
c. If parties wish to deviate ( vary or change) from the schedules amount, a separate findings of fact and conclusions of law must be prepared that states:
i. What the scheduled amount would be.
ii. Why the parties are deviating.
iii. Conclusion: guidelines amount is unjust or inappropriate and not in the best interest of the children.
iv. Signature line for the judge
d. Required child support language ( see link to Rule 18 above)
e. Medical insurance coverage
f. Arrangements for uncovered ordinary and extraordinary medical expenses for the children.
g. Tax exemption for children
h. Termination language (Link D)
5. Property and Debts
a. Waiver language (Link E)
b. Each debt and asset listed on the Rule 17 affidavit must be allocated.
c. If pensions need to be divided, consult an attorney. Special documents will need to be prepared and tax implications should be understood.
d. If one party is to be awarded real estate, he or she should refinance prior to filing the dissolution petition. Provision should be made for the other spouse to receive his/her equity, if any, or some other asset to compensate.
e. Prepare a quit claim deed to be signed at the final hearing and filed with the County Recorder if one spouse is to be awarded real estate. You will need the legal description of the property, available from the County Recorder , 373 South High Street, 18th floor (462-3930). You can also access this information online, but you need to sign up for the service, which can take a few days. http://www.co.franklin.oh.us/recorder/
Step Four: Filing your dissolution in court . Before you go to court, review
Steps 1-3 above, to make sure you haven’t missed any documents.
When you have prepared all of the documents above, take the originals and at least one copy to the Clerk of Courts at 373 South High Street, Columbus, Ohio 43215, on the fourth floor, along with your filing fee of $185.00. The clerk will file your documents with the court, stamp them with a case number, and return file-stamped copies to you. A judge will be assigned to hear the case.
You will then go to the sixth floor in the same building to schedule your final hearing. Show your copies to the person at the assignment window ( turn right as you leave the elevator). She will assign a hearing date between thirty and ninety days after the filing date. If the case isn’t finished 90 days after filing, it must be dismissed or converted to a divorce.
You will receive mailings from the court while waiting for the final hearing. If you need to add information or correct any of your forms, you will receive a checklist from a court officer. Look through the information on this website to help you correct your forms BEFORE the final hearing, or consult with an attorney. Many attorneys charge very reasonable fees to review your paperwork. If you don’t know of a family law attorney, call 221-4112, the Columbus Bar Association, and ask for Lawyer Referral. It is best to get all corrections made before the hearing, because many cases are scheduled for the same time, and the court bailiffs who get the cases ready for the judges don’t have a lot of time to assist you. They may be able to refer you to a dissolution help desk run by Capital University Law Center, especially if you have enough time before the 90 days expires to postpone your hearing and get help.
You can also expect to be mailed a small official notice of the date and time of your final hearing.
Step Five:Final Hearing
1. Both husband and wife must attend. Prepare an original and at least two copies of all of your documents that haven’t been filed with the court.
2. Decree of Dissolution ( See books above for sample forms).
3. Decree of Shared Parenting (if appropriate)
4. Child support withholding forms or findings for deviation. Forms are available in any courtroom on the third or sixth floor at 373 South High Street, Columbus, Ohio 43215, or at the Clerk’s office on the fourth floor.
a. Form 1, 4047 & 4048 for withholding from wages or a bank account, with instructions for service.
b. Form 15 with instructions for service if payor spouse is unemployed.
c. IV-D form for recipient spouse if not receiving Medicaid and public assistance.
5. Separation agreement addendum correcting or adding any information that was requested in the checklist sent by the court after you filed your case.
On the day of court – final hearings are held at 373 South High Street, 6th floor.
1. Bring multiple copies of decrees, addenda and child support forms.
2. Check in early so that you have time to make last-minute changes.
3. Remember both spouses must attend the hearing.
4. Dress appropriately: no shorts, tank tops, belly-button shirts. You must have a shirt and shoes.
5. Bring something to read or occupy yourself, as you may need to wait for an hour or more.
6. Try not to bring children as there are no facilities for them and they can become bored and irritable very quickly.
7. Ask the bailiff if you need a statement for work or school to show that you were in court.
8. Once your case is ready, the bailiff will tell you to be seated and wait for the judge to call your names.
9. When you go before the judge, you will be put under oath and asked basic questions about your marriage, separation, and paperwork. When the judge grants your dissolution, return to the bailiff’s desk at the back of the courtroom to have your copies of the decree stamped. To get them certified, return to the Clerk’s office on the fourth floor, where you first filed the case. Your court file will be maintained there, and extra copies can be obtained if you need them in the future, for remarriage, for school purposes, etc.
