Article Guide
When navigating the complexities of divorce, understanding the Divorce Decree Sample form can be a vital step in the process. This document serves as a legal order issued by the court, finalizing the dissolution of marriage between two parties. It typically outlines essential elements such as the custody arrangements for any minor children, the terms of child support, and spousal support obligations. The decree also addresses the division of marital property and debts, ensuring that each party retains their respective assets or adheres to an agreed-upon separation agreement. Furthermore, it includes specific details regarding health insurance responsibilities for children and the enforcement of support payments. The form requires the inclusion of various supporting documents, such as child support worksheets and parenting orders, which help clarify the obligations of both parties moving forward. It is important to note that this sample is not a fill-in-the-blank template but rather a guide to assist individuals in preparing their own decree, tailored to their unique circumstances.
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SAMPLE
DECREE OF DIVORCE
CHILDREN, SUPPORT AND SPOUSAL SUPPORT (this is only a sample, not a “fill in the blank” form)
You must prepare your own Decree
COURT OF COMMON PLEAS
DIVISION OF DOMESTIC RELATIONS
HAMILTON COUNTY, OHIO
Mary A. Smith |
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Case No. ____________________________ |
Plaintiff |
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File No. _____________________________ |
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CSEA# _____________________________ |
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John R. Smith |
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Defendant |
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DECREE OF DIVORCE |
This cause came to be heard on (Date of hearing - Month, Day and Year) on the Complaint of (Insert plaintiff’s name). The Court finds that there has been service of summons as provided by law, that (Insert plaintiff’s or both parties’ names) appeared personally at the hearing, that Plaintiff [was/was not (choose one)] represented by counsel and Defendant [was/was not (choose one)] represented and waived his/her right to counsel.
The Court finds that Plaintiff has been a resident of the State of Ohio for at least six (6) months and Hamilton County for at least ninety (90) days immediately prior to the filing of the complaint and the Court has full and complete jurisdiction to determine the case.
The parties were married in (Insert City and State where married) on (Insert date of marriage) and there were (# of Children) child[ren] born issue of their marriage, namely: (Insert child[ren]’s name and date of birth, and Wife is not now pregnant.
The Court finds that [state grounds for Divorce here] and that [Plaintiff and/or Defendant (choose one)] is entitled to a divorce as prayed for in the [Complaint or Answer and Counterclaim (choose one)].
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that a Decree of Divorce is hereby granted to the [Plaintiff and/or Defendant (choose one)], and the marriage relationship existing between the parties is hereby terminated and held for naught and both parties are hereby released and discharged from all obligations thereon.
DR 901 (Rev. 10/25/2012)
IT IS FURTHER ORDERED THAT THE [Separation Agreement/Agreed Entry (choose one)] which is attached hereto is hereby incorporated into the Court’s order and is a part of this Decree of Divorce as if fully rewritten. The parties acknowledge under oath that they have voluntarily entered into the [Separation Agreement/Agreed Entry (choose one)], that they have made full disclosure of all assets and liabilities, and that they understand the terms of said agreement.
IT IS FURTHER ORDERED that the (Insert name of residential parent) is the residential parent and legal custodian of the minor child[ren], (Insert names of child[ren]) and (Insert
OR
IT IS FURTHER ORDERED that the parties have entered into a Shared Parenting Plan which has been submitted to and approved by the Court. Both parents shall be designated residential parent and legal custodian, with parenting time as outlined in the Decree of Shared Parenting, filed herewith.
IT IS FURTHER ORDERED that (Insert name of parent ordered to pay child support) (Obligor)shall pay as and for the support of the minor child[ren] the sum of $(Insert Dollar Amount to pay) per month, per child, plus 2% processing charge, payable through The Office of Child Support of The Department of Jobs and Family Services for the parties' child[ren]. This order is effective (Insert date child support order begins) and is payable monthly in the total amount of $(Insert total child support obligation), including the processing charge.
This support order amount is the same as that indicated on the signed and attached child support worksheet
OR
This support order amount is different from that indicated on the attached child support worksheet and the deviation is in the child(ren)’s best interest because: (state specific reasons).
Notwithstanding Section 3109.01 of the Revised Code, the parental duty of support to children, including the duty of a parent to pay support pursuant to a child support order shall continue beyond the child's eighteenth birthday only in accordance with Section 3119.86 of the Revised Code. The duty of support shall continue during seasonal vacations. The Obligor is responsible for making payments directly to The Office of Child Support of The Department of Jobs and Family Services until such time as a deduction order takes effect. Any payment made directly to the residential parent and not through The Office of Child Support of The Department of Jobs and Family Services shall be deemed a gift and not credited to the support account.
DR 901 (Rev. 10/25/2012)
All support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with Chapters 3119, 3121, 3123, and 3125 of the Revised Code or a withdrawal directive issued pursuant to sections 3123.24 to 3123.38 of the Revised Code and shall be forwarded to the obligee in accordance with Chapters 3119, 3121, 3123 and 3125 of the Revised Code. A person and/or entity required to comply with withholding or deduction notices described in Section 3121.03 of the Revised Code shall determine the manner of withholding or deducting from the specific requirement included in the notices without the need for any amendment to the support order, and a person required to comply with an order described in sections 3121.03, 3121.04 to 3121.06 and 3121.12 of the Revised Code shall comply without need for any amendment to the support order. The withholding or deduction noticed and other orders issued under sections 3121.03, 3121.04 to 3121.06 and 3121.12 of the Revised Code, and the notices that require the obligor to notify the child support enforcement agency administering the support order of any change in the obligor’s employment status or of any other change in the status of the obligor’s assets, are final and enforceable by the court.
EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY CHILD SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER’S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.
DR 901 (Rev. 10/25/2012)
IT IS FURTHER ORDERED THAT [Mother/Father (choose one)] shall maintain private health insurance for the parties’ child/children so long as [he/she (choose one) ]has accessible health insurance available for 5% or less of his/her gross annual income. A Qualified Medical Child Support Order [if no health insurance is available to either party, a Shared Liability Health Care Order] shall issue. This order shall remain in effect until the child reaches the age of eighteen (18) and no longer attends an accredited high school on a
IT IS FURTHER ORDERED that (Insert Plaintiff’s or Defendant’s name) shall pay spousal support in the amount of $(Insert Dollar Amount to pay) per month for (Insert # of months) months, effective (Insert date spousal support shall begin), payable through the The Office of Child Support of The Department of Jobs and Family Services, plus 2% processing fee. The Court [shall/shall not (choose one)] retain jurisdiction over the term or the amount of this order.
IT IS FURTHER ORDERED that [each party shall retain all property presently held in his/her name or possession, free and clear of any claim by the other and shall be solely liable for any debts presently held in his/her name and hold the other harmless on same] or [property shall be divided pursuant to the attached Separation Agreement] or [repeat the property distribution as stated in a Magistrate’s
(Insert Plaintiff’s or Defendant’s Name) shall be restored to her maiden name of (Insert name to be restored to).
[Insert name of person to be responsible to pay or ½ each] shall pay court costs.
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Judge |
_______________________________ |
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Plaintiff |
Defendant |
_______________________________ |
_____________________________________ |
Attorney |
Attorney |
DR 901 (Rev. 10/25/2012)
REQUIRED FORMS FOR DECREE: (ORIGINAL + 4 COPIES)
Divorce Decree
oSeparation Agreement or Agreed Entry (if appropriate) Child Support Worksheet (form 7.5A or 7.6)
Standard Parenting Order (if appropriate- form 2.7)
Appropriate Health Care Order (7.17 if private health insurance is available-
7.20if private health insurance is not available)
Cash Medical Order (form 7.24)
IF SHARED PARENTING: (ORIGINAL + 4 COPIES)
Divorce Decree
Separation Agreement or Agreed Entry (if appropriate)
Final Decree of Shared Parenting (form 2.3)
Approved Shared Parenting Plan
Child Support Worksheet (form 7.5A or 7.6)
Standard Parenting Order (if appropriate- form 2.7)
Appropriate Health Care Order (7.17 if private health insurance is available- 7.20 if not)
Cash Medical Order (form 7.24)
ADDITIONAL FORMS: (1 COPY)
SUPPORT ACCOUNT DATA FORM (CDR4905)
COPY OF
HEALTH CARE VERIFICATION (IF APPROPRIATE- FORM 7.21)
DR 901 (Rev. 10/25/2012)
Form Specifications
| Fact Name | Details |
|---|---|
| Document Type | This is a sample Divorce Decree form specifically for cases in Hamilton County, Ohio. |
| Governing Law | The Divorce Decree is governed by the Ohio Revised Code, particularly sections 3109.01, 3119.86, and related chapters. |
| Residency Requirement | The plaintiff must have resided in Ohio for at least six months and in Hamilton County for at least ninety days prior to filing. |
| Grounds for Divorce | The form requires the plaintiff to state the grounds for divorce, which must be legally recognized under Ohio law. |
| Child Support Details | The order specifies the amount of child support, payment schedule, and conditions for enforcement through the Office of Child Support. |
| Spousal Support | Spousal support may be awarded, with specified amounts and duration, also payable through the Office of Child Support. |
| Property Division | The decree outlines how property will be divided, which can be based on a Separation Agreement or other specified method. |
| Health Insurance Requirements | The decree mandates that the responsible parent maintain health insurance for the children if it is affordable. |
| Required Forms | A variety of forms must accompany the Divorce Decree, including child support worksheets and health care orders. |
Divorce Decree Sample: Usage Guidelines
Filling out the Divorce Decree Sample form is an important step in finalizing a divorce. It's essential to provide accurate information to ensure everything is processed correctly. Follow these steps to complete the form properly.
- Start with the case information: Write the case number and file number at the top of the form.
- Fill in the parties' names: Insert the names of the plaintiff (Mary A. Smith) and defendant (John R. Smith) in the designated areas.
- Enter the date of the hearing: Specify the date when the hearing took place.
- Indicate representation: Choose whether the plaintiff and defendant were represented by counsel by checking the appropriate boxes.
- State residency: Confirm that the plaintiff has been a resident of Ohio for at least six months and Hamilton County for at least ninety days.
- Provide marriage details: Fill in the city and state where the marriage occurred and the date of the marriage.
- List children: State the number of children born from the marriage and provide their names and dates of birth.
- State grounds for divorce: Specify the reason for the divorce in the designated area.
- Identify the party entitled to divorce: Choose whether the plaintiff or defendant is granted the divorce.
- Incorporate agreements: Indicate if there is a Separation Agreement or Agreed Entry and ensure it is attached to the decree.
- Designate residential parent: State who will be the residential parent and legal custodian of the minor children.
- Outline child support: Fill in the name of the parent ordered to pay child support, the monthly amount, and the start date for payments.
- Specify spousal support: If applicable, include the amount and duration of spousal support payments.
- Address property division: Choose how property will be divided and include any relevant details.
- Restoration of name: If applicable, state the name to be restored for the plaintiff.
- Signatures: Ensure both parties and their attorneys sign the document where indicated.
After completing the form, double-check all entries for accuracy. Make sure to attach any required documents and submit everything to the court. This will help ensure a smooth process as you move forward with your divorce.
Your Questions, Answered
What is a Divorce Decree Sample form?
A Divorce Decree Sample form is a template that outlines the legal terms and conditions agreed upon during a divorce proceeding. It serves as a guide for individuals preparing their own decree, detailing aspects such as custody, support, and property division. However, it is important to note that this is not a fill-in-the-blank form; individuals must create their own document based on their specific circumstances.
What information is included in the Divorce Decree Sample form?
The sample form includes sections for the names of the parties involved, case numbers, details about the marriage, children, grounds for divorce, custody arrangements, child support obligations, spousal support, and property division. It also outlines any necessary attachments, such as a separation agreement or child support worksheet.
Is the Divorce Decree Sample form legally binding?
No, the Divorce Decree Sample form itself is not legally binding. It is merely a sample to help individuals understand what a divorce decree might look like. For the decree to be legally binding, it must be properly filled out, submitted to the court, and approved by a judge.
How do I use the Divorce Decree Sample form?
To use the Divorce Decree Sample form, start by reviewing the template to understand the structure and required content. Next, gather all necessary information about your case, including personal details, child information, and financial obligations. Finally, draft your own decree using the sample as a reference, ensuring it reflects your unique situation.
What are the consequences of not including a child support order in the Divorce Decree?
Failing to include a child support order can lead to financial difficulties for the custodial parent and may result in legal complications. Without a formal order, the non-custodial parent may not be held accountable for financial support, which could impact the child's well-being. It is crucial to address child support in the decree to ensure enforceability.
Can the Divorce Decree Sample form be modified after it is filed?
Yes, a divorce decree can be modified after it is filed, but the process requires a court petition. Changes may be necessary due to changes in circumstances, such as income or custody arrangements. It's important to follow legal procedures for modifications to ensure they are recognized by the court.
What happens if one party does not comply with the Divorce Decree?
If one party fails to comply with the terms of the Divorce Decree, the other party can take legal action to enforce the decree. This may involve filing a motion in court, which could lead to penalties for the non-compliant party, including fines or even contempt of court charges.
Do both parties need to sign the Divorce Decree?
Yes, both parties typically need to sign the Divorce Decree, indicating their agreement to the terms outlined. If one party does not agree, the decree cannot be finalized until both parties reach an agreement or the court makes a determination.
What is a Separation Agreement, and how does it relate to the Divorce Decree?
A Separation Agreement is a document that outlines the terms of separation between spouses, including property division, child custody, and support. In many cases, this agreement is incorporated into the Divorce Decree, making it part of the final court order. It is essential to ensure that the separation agreement is comprehensive and fair to avoid disputes later.
What should I do if I have questions about filling out the Divorce Decree Sample form?
If you have questions about filling out the Divorce Decree Sample form, consider seeking assistance from a legal professional or a family law attorney. They can provide guidance tailored to your specific situation and help ensure that your decree meets all legal requirements.
Common mistakes
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Incomplete Information: One of the most common mistakes is failing to fill in all required fields. Missing information can lead to delays in processing the decree.
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Incorrect Names: Using incorrect names for the parties involved can create confusion. It is essential to ensure that all names are spelled correctly and match legal documents.
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Choosing Incorrect Options: The form often requires choices, such as who is represented by counsel or which type of agreement is being used. Selecting the wrong option can invalidate the decree.
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Missing Signatures: Both parties must sign the decree. Failing to secure all necessary signatures can result in the decree being deemed incomplete.
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Not Including Supporting Documents: The decree must be accompanied by required forms, such as the Child Support Worksheet and Separation Agreement. Omitting these documents can cause delays.
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Ignoring Local Rules: Each jurisdiction may have specific requirements. Not adhering to local rules can lead to complications or rejection of the decree.
Documents used along the form
When navigating the complexities of a divorce, several important documents often accompany the Divorce Decree. Each of these forms serves a specific purpose and plays a crucial role in ensuring that all aspects of the divorce are addressed properly. Understanding these documents can help you feel more prepared and informed as you move through this process.
- Separation Agreement: This document outlines the terms agreed upon by both parties regarding the division of assets, debts, child custody, and support. It can be a standalone document or incorporated into the Divorce Decree, ensuring that both parties understand their rights and obligations.
- Child Support Worksheet: This form is used to calculate the amount of child support that one parent must pay to the other. It takes into account various factors such as income, expenses, and the needs of the children, helping the court determine a fair and reasonable support amount.
- Standard Parenting Order: This order details the parenting time and custody arrangements for minor children involved in the divorce. It provides a clear framework for how parents will share responsibilities and time with their children, promoting stability and consistency in their lives.
- Health Care Order: If one or both parents have access to health insurance for their children, this document specifies how medical coverage will be managed. It ensures that the children have access to necessary healthcare, outlining responsibilities for premiums and medical expenses.
Being aware of these additional forms can ease the transition during a divorce. Each document plays a vital role in addressing the practical aspects of separation, ensuring that both parties and any children involved are protected and supported through this challenging time.
Similar forms
- Separation Agreement: This document outlines the terms agreed upon by both parties regarding the division of assets, debts, and any child custody arrangements. Similar to the Divorce Decree, it formalizes the agreements made during the divorce process.
- Child Support Order: This order specifies the financial obligations of one parent to support their children. Like the Divorce Decree, it is legally binding and details the amount and frequency of payments.
- Spousal Support Agreement: This document addresses the financial support one spouse may provide to the other post-divorce. It shares similarities with the Divorce Decree in that it is part of the final legal resolution of the marriage.
- Parenting Plan: This outlines the parenting arrangements for children after divorce. It is akin to the provisions in the Divorce Decree regarding custody and visitation, ensuring clarity and structure for both parents.
- Final Decree of Shared Parenting: If parents opt for shared parenting, this decree formalizes their mutual responsibilities and rights. It parallels the Divorce Decree in that it serves as a legal document affirming the parents' agreement.
- Health Care Order: This document ensures that children have access to necessary health insurance coverage. It is similar to the Divorce Decree in that it addresses the well-being of children following the divorce.
- Child Support Worksheet: This form calculates the appropriate amount of child support based on various factors. Like the Divorce Decree, it is essential for determining financial responsibilities and is often referenced in the final decree.
Dos and Don'ts
When filling out the Divorce Decree Sample form, certain practices can facilitate a smoother process, while others can lead to complications. Here is a list of five things to do and not do.
- Do ensure all personal information is accurate, including names, addresses, and dates.
- Do review the form thoroughly before submission to catch any errors or omissions.
- Do consult with a legal professional if you have questions about specific terms or requirements.
- Do keep copies of all documents submitted for your records.
- Do follow the court's instructions regarding the number of copies needed for filing.
- Don't leave any sections blank; incomplete forms may be rejected by the court.
- Don't use unclear language or abbreviations that could lead to misunderstandings.
- Don't submit the form without ensuring that all required attachments are included.
- Don't ignore deadlines for filing the decree; timely submission is crucial.
- Don't assume that verbal agreements will be recognized without being documented in the decree.
Misconceptions
When dealing with divorce, many individuals encounter misconceptions about the Divorce Decree Sample form. Understanding these can help clarify the process and reduce confusion. Here are nine common misconceptions:
- A Divorce Decree Sample form is a fill-in-the-blank template. This is incorrect. The sample is meant to guide you, not serve as a fillable form. You must create your own decree based on your specific circumstances.
- All divorce decrees are the same. Each divorce decree is unique. It reflects the specific agreements and circumstances of the parties involved, including child custody and support arrangements.
- You don’t need to include a Separation Agreement. In many cases, a Separation Agreement is crucial. It outlines how assets, debts, and responsibilities will be divided and is often incorporated into the decree.
- Child support payments are optional. This is a misconception. Child support is a legal obligation, and failing to comply can lead to serious legal consequences.
- Once a divorce is finalized, all obligations cease immediately. Not true. Certain obligations, like child support and spousal support, may continue even after the divorce is finalized.
- Both parents automatically share custody. Shared custody is not guaranteed. The court determines custody based on the best interests of the child, which may lead to one parent being designated as the primary custodian.
- You can ignore the court’s orders if you disagree with them. Ignoring court orders can result in legal penalties, including fines or even jail time. It’s essential to comply with all court directives.
- Spousal support is always awarded. Spousal support is not guaranteed. It depends on various factors, including the length of the marriage and the financial circumstances of both parties.
- You don’t need to notify the child support agency of changes. This is a serious error. Failing to notify the agency of changes can lead to penalties and complications in your support obligations.
By addressing these misconceptions, individuals can better navigate the divorce process and ensure they meet all legal requirements.
Key takeaways
When filling out and using the Divorce Decree Sample form, it is essential to pay attention to several key aspects. Here are some important takeaways to consider:
- Understand the Purpose: This form serves as a template for creating a legally binding divorce decree. It outlines the terms of the divorce, including custody arrangements and support obligations.
- Personalization is Key: This is not a fill-in-the-blank form. You must customize it to reflect your specific situation, including names, dates, and financial obligations.
- Jurisdiction Matters: Ensure that the court has jurisdiction over your case. You must have been a resident of Ohio for at least six months and of Hamilton County for at least ninety days before filing.
- Include All Necessary Details: Be thorough when detailing the marriage, including the date and location of the marriage, as well as information about any children involved.
- Child Support Obligations: Clearly specify the amount of child support, the payment schedule, and the method of payment. This includes any processing fees associated with the payments.
- Health Insurance Requirements: If applicable, include provisions for maintaining health insurance for the children. This must be done as long as affordable options are available.
- Spousal Support Considerations: If spousal support is part of the agreement, detail the amount, duration, and payment method. Be clear about whether the court will retain jurisdiction over this order.
- Property Division: Specify how property will be divided. This can include retaining individual property or dividing it according to a previously agreed separation agreement.
- Required Documentation: Make sure to gather and submit all necessary forms along with the decree, including the child support worksheet and any health care orders.
By keeping these takeaways in mind, you can navigate the process of completing and using the Divorce Decree Sample form more effectively.