The Divorce Decree Sample form serves as a template for finalizing the legal dissolution of a marriage. It outlines the terms of the divorce, including custody arrangements, child support, and property division. Individuals seeking to complete their divorce proceedings can utilize this sample to guide the preparation of their own decree.
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The Divorce Decree Sample form serves as a critical document in the legal dissolution of a marriage, outlining the terms and conditions agreed upon by both parties. This form is not merely a template to fill out; it reflects the specific circumstances of the case and must be tailored to fit the unique situation of the individuals involved. Key components of the form include the identification of the parties, details regarding the marriage such as the date and location of the wedding, and the number of children born during the union. The court's findings regarding residency, jurisdiction, and grounds for divorce are also clearly stated. Importantly, the decree addresses child custody arrangements, specifying which parent will serve as the residential custodian and outlining parenting time for the non-custodial parent. Financial obligations are meticulously detailed, including child support amounts, spousal support, and health insurance responsibilities. The form also incorporates any separation agreements made between the parties, ensuring that both individuals understand their rights and responsibilities moving forward. By including these essential elements, the Divorce Decree Sample form aims to provide a clear and comprehensive resolution to the complexities of marital dissolution.
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
:
Case No. ____________________________
Plaintiff
File No. _____________________________
-vs-
CSEA# _____________________________
John R. Smith
Defendant
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 non-residential parent’s name) shall have parenting time with said minor child[ren] in accordance with the Court’s Standard Parenting Order, a copy of which is attached hereto. (OR OTHER DETAILED PARENTING TIME AGREEMENT/ORDER)
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
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.
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.
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 full-time basis unless otherwise ordered. Except in cases in which a child support order requires the duty of support to continue for any period after the child reaches age nineteen, the order shall not remain in effect after the child reaches age nineteen. A Cash Medical Order is attached and incorporated for all purposes.
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 Decision-DO NOT ATTACH A MAGISTRATE’S DECISION TO THE DIVORCE DECREE]. (choose one method of property division)
(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.
_____________________________________
Judge
_______________________________
Attorney
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)
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)
ADDITIONAL FORMS: (1 COPY)
SUPPORT ACCOUNT DATA FORM (CDR4905)
COPY OF IV-D APPLICATION
HEALTH CARE VERIFICATION (IF APPROPRIATE- FORM 7.21)
Filling out a Divorce Decree Sample form requires careful attention to detail. This form is a critical document that outlines the terms of the divorce, including child custody, support, and property division. After completing the form, it will need to be filed with the appropriate court, and you may need to attend a hearing for final approval.
Once the form is filled out, review it carefully for accuracy. After that, gather any additional required documents and prepare for submission to the court. Be ready to address any questions or concerns that may arise during the process.
What is a Divorce Decree Sample form?
A Divorce Decree Sample form is a template that outlines the key components of a divorce decree. It provides an example of how a court document might be structured, including sections on child custody, support, and property division. However, it is important to note that this is not a fill-in-the-blank form. Instead, it serves as a guide to help individuals understand what information is typically included in a divorce decree.
Who can use the Divorce Decree Sample form?
This sample form is intended for individuals who are going through a divorce in Hamilton County, Ohio. It can be particularly helpful for those who are representing themselves in court and need a clearer understanding of the legal language and structure of a divorce decree.
Is the Divorce Decree Sample form legally binding?
No, the Divorce Decree Sample form is not legally binding. It is merely a sample meant for informational purposes. To create a legally binding decree, individuals must prepare their own document based on their specific circumstances and have it approved by the court.
What information do I need to fill out the Divorce Decree Sample form?
To prepare your own divorce decree, you will need various pieces of information, including the names of both parties, the date and location of the marriage, details about any children involved, and the grounds for divorce. You will also need to include information about child support, spousal support, and property division as applicable.
Can I modify the Divorce Decree Sample form to fit my situation?
Yes, you can modify the sample form to fit your specific situation. However, ensure that any changes comply with Ohio law and accurately reflect the agreements made between both parties. It's advisable to consult with a legal professional if you have questions about modifications.
What happens after I submit my Divorce Decree?
Once you submit your completed divorce decree to the court, a judge will review it. If everything is in order and both parties agree to the terms, the judge will sign the decree, making it a legally binding document. This finalizes the divorce and outlines the responsibilities of both parties moving forward.
What if I have children? How is child support determined?
Child support is typically determined based on the income of both parents and the needs of the children. The sample form includes a section where you can specify the amount of support to be paid monthly. It’s important to refer to Ohio's child support guidelines to ensure that the amount is fair and compliant with state laws.
What is the difference between spousal support and child support?
Spousal support, also known as alimony, is financial support paid by one spouse to another after a divorce. Its purpose is to help the lower-earning spouse maintain a similar standard of living post-divorce. Child support, on the other hand, is money paid to support the needs of the children involved, covering expenses like food, housing, and education.
How can I ensure my Divorce Decree is enforceable?
To ensure that your Divorce Decree is enforceable, it must be properly filed with the court and signed by a judge. Additionally, both parties must comply with the terms outlined in the decree. If either party fails to adhere to the terms, the other party can seek enforcement through the court system.
Are there any additional forms required with the Divorce Decree?
Yes, when submitting a Divorce Decree, several additional forms may be required, such as a Child Support Worksheet, a Standard Parenting Order, and any necessary health care orders. It's essential to check with the court for the specific requirements applicable to your case.
Filling out the Divorce Decree Sample form can be a challenging task. Many individuals make mistakes that can lead to delays or complications in the divorce process. Here are ten common errors to avoid.
One frequent mistake is failing to provide accurate case numbers. Each divorce case has a unique number assigned by the court. Omitting this information can cause confusion and may delay the processing of the decree.
Another common error is neglecting to include the date of the hearing. This date is crucial for the court's records and helps establish the timeline of the case. Ensure that the date is clearly written in the designated space.
People often forget to specify whether they or their spouse were represented by counsel during the hearing. This information is important for the court to understand the circumstances of the proceedings.
Not stating the grounds for divorce is another mistake that can be easily overlooked. It is essential to clearly outline the reasons for the divorce, as this can impact various aspects of the decree.
Many individuals also fail to include the correct names and birth dates of their children. This oversight can lead to complications in custody and support arrangements, so double-checking this information is vital.
Additionally, some people forget to choose between the options provided for various sections, such as whether to include a Separation Agreement or Agreed Entry. Failing to make these selections can result in an incomplete form.
Another common mistake is not specifying the amount of child support to be paid. This figure must be accurate and should align with the attached child support worksheet to avoid discrepancies.
People sometimes neglect to indicate the effective date for child support payments. This date is crucial for determining when support obligations begin and should be clearly stated.
Moreover, individuals may overlook the requirement for both parties to notify the Child Support Enforcement Agency of any changes in their personal information. This notification is essential for maintaining accurate records and ensuring compliance with the support order.
Lastly, failing to include the necessary additional forms can lead to delays in the divorce process. Ensure that all required documents are completed and submitted along with the Divorce Decree Sample form to avoid unnecessary complications.
When navigating the divorce process, several important documents accompany the Divorce Decree Sample form. Each of these documents serves a specific purpose and is crucial for ensuring that all aspects of the divorce are legally addressed. Below are four key forms that are commonly utilized alongside the Divorce Decree.
Understanding these documents can greatly assist individuals in managing their divorce proceedings effectively. Each form plays a vital role in establishing a clear and fair resolution for all parties involved, particularly when children are part of the equation. Always consider seeking professional guidance to ensure that all forms are completed accurately and submitted correctly.
When filling out the Divorce Decree Sample form, it is essential to approach the task with care and attention to detail. Below is a list of things to do and avoid to ensure the process goes smoothly.
Misconceptions about the Divorce Decree Sample form can lead to confusion and missteps during a challenging time. Here are four common misunderstandings:
When filling out and using the Divorce Decree Sample form, consider the following key takeaways: