Outline
When navigating the often complex waters of divorce, a Divorce Decree Sample form serves as a crucial tool for understanding the essential elements that need to be addressed in a divorce proceeding. This form outlines the legal framework that governs the dissolution of marriage, detailing important aspects such as child custody, support obligations, and the division of assets. It typically begins by stating the case details, including the names of the parties involved and the date of the hearing. The court's jurisdiction is established, ensuring that the case is being handled in the appropriate legal venue. Key findings regarding residency, marriage details, and the presence of children are also highlighted. The decree specifies whether spousal support is to be awarded and outlines the terms of child support, including the amount and payment methods. Furthermore, it addresses the custody arrangement, which may include a standard parenting order or a shared parenting plan, ensuring that the welfare of the children remains a priority. The document concludes with stipulations about the division of property and debts, emphasizing that each party retains their respective assets free from claims by the other. This sample form, while not a fill-in-the-blank template, provides a comprehensive framework that can guide individuals through the necessary legal processes during a divorce.
Sample - Divorce Decree Sample Form
DR 901 (Rev. 10/25/2012)
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. _____________________________
: CSEA# _____________________________
-vs-
John R. Smith :
Defendant : 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 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
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 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
_______________________________ _____________________________________
Plaintiff Defendant
_______________________________ _____________________________________
Attorney Attorney
DR 901 (Rev. 10/25/2012)
REQUIRED FORMS FOR DECREE: (ORIGINAL + 4 COPIES)
Divorce Decree
o Separation 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-
7.20 if 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 IV-D APPLICATION
HEALTH CARE VERIFICATION (IF APPROPRIATE- FORM 7.21)
Form Information
| Fact Name | Details |
|---|---|
| Document Purpose | This sample form serves as a template for a Divorce Decree, outlining the terms of divorce including child custody, support, and property division. |
| Governing Law | The Divorce Decree is governed by Ohio Revised Code, specifically Sections 3109.01 and 3119.86, which detail child support obligations and custody arrangements. |
| Residency Requirement | The plaintiff must have resided in Ohio for at least six months and in Hamilton County for at least ninety days before filing the complaint. |
| Incorporation of Agreements | Any attached Separation Agreement or Agreed Entry is incorporated into the Decree, making it a binding part of the divorce terms. |
| Child Support Details | The decree specifies the monthly child support amount, payment methods, and conditions under which support obligations continue beyond the child's 18th birthday. |
| Spousal Support | Spousal support terms are included, detailing the amount, duration, and conditions under which it is paid, with jurisdiction retained by the court over modifications. |
Detailed Guide for Filling Out Divorce Decree Sample
Filling out the Divorce Decree Sample form is an important step in finalizing your divorce. This process requires careful attention to detail to ensure that all necessary information is accurately recorded. Once completed, the form will be submitted to the court for approval, and it will play a crucial role in the legal dissolution of your marriage.
- Begin by entering the Case Number and File Number at the top of the form.
- Fill in the names of the Plaintiff and Defendant, ensuring accuracy.
- Insert the Date of Hearing in the format Month, Day, Year.
- State the name of the Plaintiff in the section indicating who filed the complaint.
- Indicate whether the Plaintiff and Defendant were represented by counsel.
- Confirm that the Plaintiff has been a resident of Ohio for at least six months and Hamilton County for at least ninety days.
- Provide the City and State where the parties were married, along with the Date of Marriage.
- List the number of children born from the marriage and provide their names and dates of birth.
- State the grounds for divorce clearly.
- Specify whether the Plaintiff or Defendant is entitled to the divorce.
- Choose whether to incorporate a Separation Agreement or Agreed Entry into the decree.
- Identify the Residential Parent and legal custodian of the minor child(ren).
- Detail the child support obligations, including the monthly payment amount and the start date.
- Indicate if there is a need for a Qualified Medical Child Support Order or other health care arrangements.
- Specify the spousal support amount, duration, and start date, if applicable.
- Decide on the method of property division and fill in the necessary details.
- Provide the name to be restored to, if applicable.
- Sign and date the form at the bottom, ensuring that both parties and their attorneys sign as required.
After completing the form, review it carefully for any errors or omissions. Once everything is accurate, you can proceed with submitting it to the court along with any required additional documents.
Obtain Answers on Divorce Decree Sample
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What is a Divorce Decree Sample Form?
A Divorce Decree Sample Form is a template that outlines the essential elements of a divorce decree. It serves as a guide for individuals going through the divorce process. While it provides a structure, it is important to note that it is not a fill-in-the-blank form. Each individual must prepare their own decree tailored to their specific circumstances and agreements.
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What information is typically included in a Divorce Decree?
A Divorce Decree generally includes the following information:
- Names of the parties involved
- Date and place of marriage
- Details regarding children, including custody arrangements
- Child support obligations
- Spousal support details
- Property division agreements
- Any other relevant orders or agreements
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How does child support work in a Divorce Decree?
Child support is a critical component of a Divorce Decree. The decree will specify the amount of support to be paid monthly for each child, as well as any additional processing fees. Payments are typically made through the Office of Child Support of the Department of Jobs and Family Services. The decree will also outline the obligations of the parent required to pay support and any conditions that may affect the support amount, such as changes in income or custody arrangements.
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What are the consequences of not complying with a Divorce Decree?
Failure to comply with the terms of a Divorce Decree can lead to serious consequences. For instance, if a parent does not make child support payments, they may face fines, garnishment of wages, or even imprisonment for contempt of court. It is crucial for both parties to adhere to the orders outlined in the decree to avoid legal repercussions.
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Can a Divorce Decree be modified after it is finalized?
Yes, a Divorce Decree can be modified under certain circumstances. If there is a significant change in circumstances, such as a change in income, relocation, or changes in the needs of the children, either party can request a modification. The court will review the request and determine if the changes warrant an amendment to the original decree.
Common mistakes
Filling out the Divorce Decree Sample form can be a daunting task, and mistakes can lead to delays or complications in the divorce process. Here are nine common errors to avoid.
One frequent mistake is not providing accurate names. It's essential to ensure that both parties' names are spelled correctly throughout the document. A simple typo can cause confusion and may require additional legal steps to correct.
Another common error is failing to include the date of the hearing. This date is crucial as it establishes the timeline of the proceedings. Omitting this detail can lead to questions about the validity of the decree.
People often overlook the residency requirements. The form requires that the plaintiff has lived in Ohio for at least six months and in Hamilton County for at least ninety days. Forgetting to confirm this can result in jurisdictional issues.
Additionally, some individuals neglect to specify the grounds for divorce. This section is vital, as it outlines the reason for the divorce and can affect the outcome of the proceedings. Be clear and concise in stating the grounds.
Another mistake is not selecting the correct options for representation. The form requires that parties indicate whether they were represented by counsel. Failing to make this selection can create ambiguity about the legal support received.
It's also important to accurately identify the residential parent. This designation impacts custody arrangements and parenting time. Inaccuracies here can lead to disputes later on.
People sometimes forget to attach required documents, such as the Child Support Worksheet or the Separation Agreement. These documents are essential for the court to make informed decisions regarding support and asset division.
Another issue is not specifying the amount of child support or spousal support clearly. Vague language can lead to misunderstandings and disputes over payment amounts.
Lastly, individuals may fail to update their contact information. Each party must notify the Child Support Enforcement Agency of any changes in their mailing address or phone number. Neglecting this can result in missed communications and potential penalties.
By being aware of these common mistakes, individuals can better navigate the process of completing the Divorce Decree Sample form and ensure a smoother transition through their divorce.
Documents used along the form
When navigating the complexities of divorce proceedings, several important documents accompany the Divorce Decree. Each of these forms serves a specific purpose and helps to clarify the terms of the divorce. Understanding these documents can aid in ensuring that all aspects of the divorce are handled appropriately.
- Separation Agreement: This document outlines the terms agreed upon by both parties regarding the division of assets, debts, and any other relevant issues. It is often incorporated into the Divorce Decree and serves as a binding agreement that both parties must follow.
- Child Support Worksheet: This form calculates the amount of child support that one parent must pay to the other. It considers various factors, including income, expenses, and the needs of the child, ensuring that the financial responsibilities are fairly distributed.
- Standard Parenting Order: This order details the parenting time and responsibilities of each parent regarding their minor children. It establishes a framework for how parenting time will be shared and can help prevent future disputes over custody arrangements.
- Health Care Order: This document addresses the health insurance coverage for the children involved in the divorce. It specifies which parent is responsible for maintaining health insurance and outlines the terms of medical support, ensuring that the children's healthcare needs are met.
Each of these documents plays a crucial role in the divorce process, providing clarity and structure to the agreements made between the parties. Properly completing and understanding these forms can significantly impact the outcome of the divorce and the well-being of any children involved.
Similar forms
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Separation Agreement: Similar to a Divorce Decree, a Separation Agreement outlines the terms of a couple's separation, including child custody, support, and division of assets. It serves as a legally binding document that details how the couple will manage their responsibilities and rights while living apart, just as the Divorce Decree does after the marriage is dissolved.
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Child Support Order: This document specifies the amount of financial support one parent must provide for their child following a divorce. Like the Divorce Decree, it is enforceable by law and ensures that children's needs are met, detailing payment amounts, frequency, and any additional conditions.
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Parenting Plan: A Parenting Plan outlines the arrangements for child custody and visitation. It is similar to the provisions in a Divorce Decree regarding parenting time and responsibilities, ensuring that both parents understand their roles and obligations towards their children post-divorce.
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Spousal Support Order: This document details any financial support one spouse must pay to the other after a divorce. Like the Divorce Decree, it is legally binding and specifies the amount, duration, and conditions of support, ensuring that both parties are aware of their financial obligations.
Dos and Don'ts
When filling out the Divorce Decree Sample form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here is a list of things to do and avoid:
- Do ensure that all names are spelled correctly, including the names of the parties involved and the children.
- Do provide complete and accurate dates for the marriage, hearing, and any other relevant events.
- Do include all required financial information, such as child support amounts and spousal support details.
- Do attach any necessary additional forms, such as the Child Support Worksheet and Separation Agreement, as required.
- Don't leave any sections blank; if a section does not apply, clearly indicate that it is not applicable.
- Don't submit the form without reviewing it for errors or omissions, as mistakes can lead to delays or complications.
Misconceptions
Here are some common misconceptions about the Divorce Decree Sample form:
- It’s a fill-in-the-blank form. Many believe the sample is meant to be filled out directly, but it’s actually just an example. You need to create your own decree.
- It applies universally. This sample is specific to Hamilton County, Ohio. Other jurisdictions may have different requirements or formats.
- It guarantees a quick divorce. The form is just a part of the process. The time it takes to finalize a divorce depends on various factors, including court schedules and any disputes.
- All divorces require a court appearance. While many do, some uncontested divorces can be processed without a hearing, depending on local rules.
- Child support is always a fixed amount. The sample shows a set amount, but actual child support can vary based on income, needs, and other factors.
- Spousal support is automatic. The decree sample mentions spousal support, but it’s not guaranteed. It depends on the circumstances of each case.
- You can ignore the attached forms. The required forms listed are essential. Failing to submit them can delay the process or lead to complications.
- Once signed, the decree can’t be changed. While it’s a legal document, modifications can be made later if both parties agree or if circumstances change.
- It covers all issues related to divorce. The sample focuses on specific areas like child support and spousal support, but other matters may need separate agreements.
Key takeaways
Filling out and using the Divorce Decree Sample form can seem overwhelming, but focusing on a few key points can make the process easier.
- Personalization is essential. This form is a sample, meaning it must be customized to fit your specific situation. Make sure to fill in all required fields accurately.
- Understanding jurisdiction is crucial. Ensure that you meet the residency requirements in Ohio, as the court needs to have jurisdiction over your case.
- Child support details are important. Clearly outline the amount of child support, when it starts, and how it will be paid. This helps avoid confusion later on.
- Keep track of required documents. Along with the Divorce Decree, you’ll need to submit various forms, such as the Child Support Worksheet and any relevant health care orders.