Domestic Relations Frequently Asked Questions
How do I obtain a certified copy of my divorce Judgment Entry?
I've only been married a few months, how do I get an annulment?
A Magistrate is hearing my case instead of a Judge. What is a Magistrate?
My boyfriend has our child and will not give the child back?
My ex-husband or ex-wife has taken our child on visitation and has not returned the child?
What is a QDRO? When is the court going to order my QDRO?
How do I get a divorce?
A divorce is started when a "complaint for divorce" is filed with the Clerk of Courts, along with instructions for service and payment of the filing fee. The court will schedule various hearings that must be attended by the person who files the complaint. At a minimum, the person seeking the divorce must appear with a witness at a hearing and give testimony under oath or affirmation. Generally, the court also requires the filing of a parenting affidavit and parent education seminar certificate, if there are children.
What is a Judgment Entry?
A Judgment Entry is a written document that is signed by a Judge and contains a Judge's order.
How do I obtain a certified copy of my divorce Judgment Entry?
Certified copies of your divorce Judgment Entry may be obtained through the Clerk of Court's Office in the court you obtained your divorce.
I've only been married a few months, how do I get an annulment?
Most people do not qualify for an annulment. Even if you have been married for a few weeks, you will probably have to file a divorce complaint to end your marriage. A religious annulment and a legal annulment are not the same. Ohio Revised Code §3105.31 strictly limits the permissible reasons for an annulment, and Ohio Revised Code §3105.32 limits the time within which a complaint for annulment must be filed. The procedure is similar to a divorce. Ohio Revised Code §3105.31 lists the following as grounds for an annulment:
(A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by §3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife;
(B) That the former husband or wife of either party was living and the marriage with such former husband or wife was then and still is in force;
(C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;
(D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband and wife;
(E) That the consent to the marriage of either party was obtained by force, unless such party afterwards cohabited with the other as husband and wife;
(F) That the marriage between the parties was never consummated although otherwise valid.
What is a legal separation?
The process to obtain a legal separation is the same as a divorce. The length of time and expense is the same. The only difference is at the end of the legal separation you are not free to remarry. Except for religious reasons, there are very few advantages to a legal separation over a divorce.
The Court has ordered that my spouse and I schedule a meeting with the Family Conciliation Services Department. Is this for reconciliation counseling for our marriage?
No. Family Conciliation Services seldom deals with the question of reconciliation, as its primary role is to evaluate the future decision making and living arrangements for the minor children in contested divorces. When the parties are in agreement regarding the parenting issues, only one visit may be needed. If the parties are not in agreement, more appointments may be needed to see each parent with the children and the parents separately.
My spouse has physically injured me or threatened to injure me. I am afraid of my spouse. What do I do?
If you are in danger or feel threatened, call the local police immediately by dialing 9-1-1. If you are unable to call, then go to the local police station and file a police report immediately. You can obtain a protection order in a criminal prosecution, or you can seek a "Civil Protection Order" from the court. You can do this with or without an attorney to assist you. I suggest that you have an attorney, if at all possible, so that you will have guidance if any special problems or issues arise.
A Magistrate is hearing my case instead of a Judge. What is a Magistrate?
A magistrate is an attorney who has been hired by the court to hear evidence and decide cases. The magistrate stands in the place of the Judge. This frees the Judge to handle other cases. The magistrate will hear your case and issue written findings in a magistrate's decision. The magistrate will make recommendations to the Judge regarding your case. If you disagree with the magistrate's decision, under Civil Rule 53 you can file written objections to the decision within 14 days of the filing of the magistrate's decision. The Judge will review the magistrate's decision, and either adopt the magistrate's decision, or set your case for a hearing before him or her.
My boyfriend has our child and will not give the child back?
Under Ohio Revised Code §3109.042, unmarried mothers are presumed to be the proper residential parent unless a court has determined otherwise. The first place to go for assistance would be the local police department.
My ex-husband or ex-wife has taken our child on visitation and has not returned the child?
Take a certified copy of your Judgment Entry naming you the "residential" parent, and go to your local police department. They can accompany you to the your former spouse's home while you try to get the child returned. If this does not work you will need to immediately file a Motion to Show Cause. The motion must specifically identify the order that is being violated. The motion must be supported by an affidavit stating how and when the order was violated. After the motion is served on your former spouse, it will be set for hearing. At the hearing you will be given an opportunity to present evidence to support of your motion.
What is a QDRO? When is the court going to order my QDRO?
A qualified domestic relations order (or QDRO) is a special order that allows pension plans to be divided. It orders direct separate payments to each of the divorced or separated marriage partners. QDRO's are governed by Federal law and are subject to the approval of the pension plan administrator. A QDRO is a technically sophisticated order.
If you are considering a divorce, please call 216.225.9181, Email, or use the contact form to schedule an initial consultation.