Filing for Divorce with Children - Ohio
Divorce w/ Children (Licking County)
worksheet, and you are low-income, you can contact the Newark office of Southeastern Ohio Legal
Services at (740) 345-0850, or 1-888-831-9412. Otherwise, contact a private attorney.) The Court
is likely to schedule a hearing on the Motion for Temporary Orders if your spouse opposes your
requests.
In the Motion for Temporary Orders, you can ask for spousal support and/or that your spouse
pay for you to hire an attorney. The Court is more likely to grant a request for spousal support
and/or attorney fees if your marriage is long, your spouse makes a lot more money than you do, and
your spouse has money left over after paying m onthly bills and reasonable living expenses. If you
want money to hire an attorney, contact a couple attorneys to find out how much they would charge
for a divorce, and put that information in the affidavit. Also, if you are requesting money to hire an
attorney, you should explain why you cannot represent yourself. These reasons can relate to you
(for example, you suffer from an anxiety disorder or you dropped out of school in 9
th
grade), or to an
issue in the divorce (for example, your spouse has money in bank accounts which you are afraid s/he
will hide from the Court). You should put all of this information in your affidavit.
If you need more space to explain why it is in your child(ren)’s best interest that you be
given custody, attach an extra sheet of paper to your Affidavit in Support of Motion for Temporary
Orders. Be sure to refer to the attached sheet of paper on the form (for example, continued on
attached paper), and include the heading at the top of the sheet. You should do the same anywhere
else you need more space.
You must sign the Affidavit in Support of Moti on for Tem porary Orders, as well as all the
other affidavits in this packet, in the presence of a notary. If you have a bank, your bank may
notarize the affidavits at no cost to you. If you go to a bank which you do not use, you may be
charged a small fee for having your papers notarized.
9. The Instructions for Service tell the Court how you want your spouse to be served with the
Court papers. If you think that your spouse will sign for the Court papers if they are sent by certified
mail, you can have them served that way. Otherwise, ask that the Court serve the papers by personal
service through the sheriff’s department. If you think that your spouse can be served more easily at
work than at home, you can have your spouse served at his/her work address, by writing his/her
work address in the appropriate blank. You must have a valid address for the Clerk’s office to be
able to serve the divorce papers on your spouse. The Judge has no authority to grant a divorce
unless the other party has been properly notified that you are asking for a divorce and has been given
the opportunity to dispute what you are requesting in the divorce. If you do not have a valid address
for your spouse, read about Affidavit for Service by Posting in OTHER MATTERS, FORMS, AND
PROBLEMS, below.
10. If you cannot afford to pay the filing fee (see the attached Filing Costs table), you will need
to fill out the Affidavit of Indigency
and Judgment Entry (on Affidavit of Indigency). You must
sign the Affidavit of Indigency in the presence of a notary.
11. There are three more affidavits which are required by the Court: Affidavit of Income,
Expenses, and Financial Disclosure, Health Insurance Disclosure Affidavit, and Information for
Parenting Proceeding. At the top, fill in the names of the Plaintiff/Petitioner (1) and the
Defendant/Petitioner (2)/ Respondent and the social security number, date of birth, and address, as
you have done on the other forms. Leave blank the CSEA No., Family File No., and Magistrate. As
with the other affidavits, you must swear that the information which you put on these affidavits is
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