Filing for Divorce with Children - Ohio
Divorce w/ Children (Licking County)
4. Many of the docum ents will have a menu of choices. Read the choices caref ully and think
about them. Check the boxes before the requests that you want to make to the Court, and the boxes
with information which is relevant to your requests. You may decide to ask for something you
hadn’t considered before; however, you should also be sure that your requests are reasonable and
fair to your spouse.
5. There are 10 different grounds for divorce listed in the Com plaint for Divorce. Most often,
people list gross neglect of duty and extreme cruelty as reasons for divorce, in addition to
incompatibility. If you and your spouse have lived apart from each other without interruption for
one year, that is another ground to check. Please note: you cannot get a divorce on the basis of
incompatibility if your spouse denies that you are incompatible.
6. The Complaint for Divorce, as well as the Motion for Temporary Orders, contains a request
for two separate restraining orders:
A temporary restraining order requiring Defendant not to injure, threaten, harass, or
physically abuse Plaintiff;
A temporary restraining order requiring Defendant not to damage, destroy, sell or attempt
to sell, dispose of, or remove marital property and/or Plaintiff's or the child(ren)’s
personal property from Plaintiff’s residence, or incur debts in Plaintiff’s or his name for
which Plaintiff may be held liable.
Such restraining orders are requested and granted in most divorce cases. Your spouse does
not need to have done anything wrong or have hurt you to request such a restraining order. If you
are certain that your spouse will not do any of the things stated in the restraining orders, you should
not request them in the Complaint for Divorce, Motion for Temporary Orders, and Affidavit in
Support of Motion for Temporary Orders.
Please note: personal property is anything you own other than land or a house on a piece of
land, which is called real property.
7. Since you and your spouse have children born before or during the marriage, the Court will
have to make orders regarding custody (now called designation of the residential parent and legal
custodian) and visitation (now called parenting time). This packet can be used either if you are
requesting custody, or if you want your spouse to have custody. If custody is not contested, and
neither of you is a danger to your children, the Court is likely to award Local Rule 19 parenting time
to the parent who does not have custody. If you want the Court to award Local Rule 19 parenting
time to the parent who does not have custody, check the appropriate box in the Complaint for
Divorce. If you want the Court to order other parenting times, then you should specify the days and
times. Whether you are the parent who has custody, or the parent who has visitation, it is best for
the visitation order to be very specific.
8. The Motion for Temporary Orders and Affidavit in Support of Motion for Temporary Orders
are forms which allow you to ask for temporary custody (or visitation), child and/or spousal support,
and various other things until the divorce is final, which will be months, and possibly a year or
longer if your spouse contests what you have requested. The Court usually requires a child support
worksheet to be filed if you request child support. You can ask the Child Support Enforcement
Agency (CSEA), located at 65 East Main Street, next to the Domestic Relations Division of the
Court of Common Pleas, to draft one for you. (If the CSEA refuses to draft a child support
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