Montgomery County Domestic Relations Court (2024)

Table of Contents

Domestic Violence Guidelines and Forms Divorce Answers and Counter claim to Divorce Dissolution Annulment Legal Separation Agreed Entry Motions Miscellaneous General Motion Other Ohio Forms CS Cases (Married spouses living separate filing for custody or child support; Divorced spouses or third parties filing for custody or child support on child born after the divorce/dissolution*) FAQs

The guidelines and forms below are provided for the convenience of residents of Montgomery County, Ohio.

Self-represented partiesmust submit their completed forms to the Court's Compliance Office to ensure compliance with the Montgomery County Domestic Relations Court Local Rules and Ohio Rules and Civil Procedure. All pleadings MUST comply with these rules.

You can find these rules in their entirety at:
www.mcohio.org/document_Center/DomesticRelationsCourt/LOCAL _ RULES.pdf and www.supremecourt.ohiogov/LegalResources/Rules/civil/CivilProcedure.pdf

Court staff CANNOT provide legal advice. However, self-represented parties may qualify for free legal help. Call 937-496-7766 to determine eligibility. Please see the following link for more information: https://cms9.revize.com/revize/montgomerycountydrcoh/SKM_C45821040515060.pdf

DOCUMENTS REQUIRED FOR FILING
Forms approved by this Court are found in the list below by topic. Just click on the arrow, “ > ” and available forms will appear. Note when you are filing a new Divorce, Dissolution, Annulment, Legal Separation OR Answer, you MUST PRINT AND COMPLETE ALL FORMS LISTED.

When all paperwork is properly completed bring or send your documents to the Compliance Office, located at the Domestic Relations Court, 301 West Third Street, Second Floor, Dayton, Ohio 45422. Your documents will be reviewed, and you will be notified if corrections are needed. Please include a phone number where you may be reached.

To view forms, you must have Adobe Acrobat Reader. A free copy is available for download by visiting www.adobe.com.The forms can be completed online and then printed out. YOU CANNOT SAVE THE FORMS, SO PRINT IMMEDIATELY WHEN YOU COMPLETE THEM OR YOU WILL LOSE YOUR INFORMATION.

NEW! Go to the Montgomery County Domestic Relations Court Virtual Self Help Center to complete your forms online and find step-by-step information about the court process

Domestic Violence Guidelines and Forms

Domestic Violence Civil Protection Order General Information
Domestic Violence Hearings Continuance
CPO Courtroom Guidelines
Civil Protection Order FAQ
Motion to Modify Terminate CPO
Motion for Contempt with Request for Service

Divorce

Divorce with Children

Complaint
Affidavit of Financial Disclosure
Parenting Proceeding Affidavit
Primary Party Questionnaire
Application for Child Support Service
Request for Service

THE FOLLOWING ARE REQUIRED AT LEAST 21 DAYS PRIOR TO THE FINAL HEARING

Final Decree of Divorce
Child Support Computation Worksheet
Montgomery County Support Enforcement Agency New Case Worksheet
Standard Order of Parenting Time
Standard Order of Health Care
Obligee’s Right and Remedies

Divorce without Children

Complaint
Affidavit of Financial Disclosure
Primary Party Questionnaire
Application for Child Support Services
Request for Service
Final Decree of Divorce (required at least 21 days prior to final hearing)

Answers and Counter claim to Divorce

Answers with Children

Dissolution

Dissolution with Children

Petition for Dissolution w/ waiver of Service
Separation Agreement
Parenting Plan (if not shared parenting)
Motion for Shared Parenting
Shared Parenting Plan
Child Support Computation Worksheet
Affidavit of Financial Disclosure (one for each party)
Parenting Proceeding Affidavit
Secondary Party Questionnaire
Primary Party Questionnaire
Application for Child Support Service

THE FOLLOWING ARE REQUIRED AT LEAST 21 DAYS PRIOR TO THE FINAL HEARING

Final Decree of Dissolution
Parenting Judgment Entry
Montgomery County Support Enforcement Agency Case Worksheet
Standard Order of Parenting Time
Standard Order of Health Care
Obligees Rights and Remedies

Dissolution without Children

Petition for Dissolution w/ waiver of Service
Separation Agreement
Affidavit of Financial Disclosure (one for each party)
Primary Party Questionnaire
Secondary Party Questionnaire
Application for Child Services
Final Decree of Dissolution (required at least 21 days prior to final hearing)

Annulment

Complaint for Annulment

Complaint
Affidavit of Financial Disclosure
Primary Party Questionnaire
Application for Child Support Services
Request for Service
Final Decree of Annulment (required at least 21 days prior to final hearing)

Legal Separation

Legal Separation with Children

Complaintfor Legal Separation
Affidavit of Financial Disclosure
Parent Proceeding Affidavit
Primary Party Questionnaire
Application for Child Support Services
Request for Service

THE FOLLOWING ARE REQUIRED AT LEAST 21 DAYS PRIOR TO THE FINAL HEARING

Final Decree ofLegal Separation
Child Support Computation Worksheet
Montgomery County Support Enforcement Agency New Case Worksheet
Standard Order of Parenting Time
Standard Order of Health Care
Obligee’s Right and Remedies

Legal Separation without Children

Complaintfor Legal Separation
Affidavit of Financial Disclosure
Primary Party Questionnaire
Application for Child Support Services
Request for Service
Final Decree of Divorce (required at least 21 days prior to final hearing)

Agreed Entry

Agreed Entry

Shared Parenting

Motion for Shared Parenting
Shared Parenting Plan
Child Support Computation Worksheet
Montgomery County Support Enforcement Agency New Case Worksheet
Standard Order of Parenting Time
Standard Order of Health Care
Obligees Rights and Remedies

Parenting Plan

Child Support Computation Worksheet
Montgomery County Support Enforcement Agency New Case Worksheet
Standard Order of Parenting Time
Standard Order of Health Care
Obliges Rights and Remedies
Parenting Plan

Motions

Post Decree Motion Requesting Modification of Child or Spousal Support

Motion
Affidavit of Financial Disclosure
Request for Service
Application for Child Support Services

Post Decree Motion Requesting Reallocation of Parental Rights and Responsibilities

Motion to Modify Custody
Affidavit Financial Disclosure
Parenting Proceeding Affidavit
Application for Child Support Services
Request for Service

Post Decree Motion to Modify Parenting Time

Motion to Modify Parenting Time
Parenting Proceeding Affidavit
Request for Service
Application for Child Support Services

Post Decree Motion to Show Cause (Contempt)

Motion with Affidavit
Order to Show Cause
Notice of Rights
Request for Service
Explanation of Health Care Bills - (only if health care contempt)
Affidavit of Indigency
Applicaiton for Child Support Services

Post Decree Motion for Shared Parenting

Motion for Shared Parenting
Shared Parenting Plan
Child Support Computation Worksheet
Affidavit of Financial Disclosure
Parenting Proceeding Affidavit
Application for Child Support Services
Request for Service

Miscellaneous

Poverty Affidavit
Affidavit of Indigency
Entry and Order of Custody Upon Death of a Party
Division of Property Order (DOPO)
Motion and Entry for Continuance
Notice of Hearing (non-custody)
Notice of Hearing (custody)
Health Insurance Affidavit
Motion and Affidavit for Temporary Orders
Complaint for Parentage, Parental Right and Responsibilities, and Parenting Time
Instructions for Service
Objections Instructions
Objection Form
Praecipe (Request) for Transcript
Petition for Conciliation
Affidavit in Support of Motion
Request for Service
Notice of Hearing
Affidavit Waiving Arrearages
Notice of Intent to Relocate
Notice of Request for Audio Recorded Hearing

General Motion

General Motion
Affidavit in Support of Motion
Request for Service

Other Ohio Forms

Other Ohio Forms

CS Cases (Married spouses living separate filing for custody or child support; Divorced spouses or third parties filing for custody or child support on child born after the divorce/dissolution*)

CS Cases (documents for children of currently married couples who are living separate and apart or born after a divorce)

Affidavit of Financial Disclosure
Parenting Proceeding AffidavitApplication for IV-d ServicesRequest for Service
Notice of HearingPrimary PartyQuestionnaireMotion for Shared Parenting (Ifapplicable)
Shared Parenting Plan (If applicable)
General Motion (If applicable)

*Note other documents may be required for children who were part of the divorce / dissolution

Montgomery County Domestic Relations Court (2024)

FAQs

How do I appeal domestic relations in PA? ›

The Appeal is filed at the Docketing Section of the Domestic Relations Section. The Appeal is filed within thirty (30) days of the entry of the Order of Court that is being appealed. The initial documents filed at the Domestic Relations Section are the Notice of Appeal, Order for Transcript, and Certificate of Service.

How much to file for dissolution in Montgomery County, Ohio? ›

Common Pleas Court Domestic Relations Filing Costs

DISSOLUTION
Petition for Dissolution (with Children)	$400.00
Petition for Dissolution (without Children)	$300.00

How to file a legal separation in Montgomery County, Ohio? ›

A complaint requesting a legal separation must be filed in the domestic relations division of the local common pleas court, or if there is no domestic relations division, in the general division of the common pleas court.

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What is a domestic relations Judgement in Florida? ›

A domestic relations order is a judgment, decree, or order (including the approval of a property settlement) that is made pursuant to state domestic relations law (including community property law) and that relates to the provision of child support, alimony payments, or marital property rights for the benefit of a ...

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How do you prove undue influence in PA? ›

Undue Influence for a Will Contest in PA

A confidential relationship existed between a person and the testator; The person receives a substantial benefit under the proposed Will; and. At or around the time the Will was executed, the testator had a weakened mental intellect.

Does domestic relations handle custody in PA? ›

The DRS also handles spousal support matters. The DRS does not handle child custody matters. Please refer to the Custody Department for more information regarding child custody matters.

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Do both parties have to agree to a legal separation in Ohio? ›

Legal Separation Agreement

The parties must agree to each and every provision contained in the document and sign consenting to be bound by the terms.

How do I start a legal separation in PA? ›

Couples in Pennsylvania cannot be “legally separated” because there is no legal status for separated but still married couples. If a couple wants to separate and have it enforced by the law, they must be eligible for and obtain a divorce.

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How much does it cost to evict someone in Montgomery County? ›

Civil Fee Schedule

FEES FOR MONTGOMERY COUNTY – JUSTICE OF THE PEACE PRECINCT 4
	Filing Fees	For Both
Small Claims	$54.00	$129.00
Evictions	$54.00	$129.00
Repair and Remedy	$54.00	$129.00

25 more rows

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What is a qualified domestic relations order? ›

A QDRO is a judgment, decree or order for a retirement plan to pay child support, alimony or marital property rights to a spouse, former spouse, child or other dependent of a participant.

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Can a QDRO be denied? ›

Possibility of rejection by the plan administrator

It's crucial to understand that the plan administrator can reject a QDRO. This often occurs if the QDRO does not meet the specific requirements of the retirement plan or if it contradicts federal regulations governing retirement plans.

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What happens if a QDRO is never filed? ›

A QDRO is the order that directs the plan administrator to make payments directly to the former spouse; if the ex does not file it it does not forfeit the right but if the plan begins making payments (ie employee retires) then the former spouse can lose at least that portion that is distributed prior to the filing of ...

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Can you appeal a family court decision in PA? ›

There can be an appeal from a decision made in family court if you believe that the trial court made a legal error, abused its discretion, or if there were procedural errors during the trial court proceedings. However, it's important to note that not all family court decisions are eligible for appeal.

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How much does it cost to file an appeal in PA? ›

Once you have filled out the Notice of Appeal, you must file it with the Prothonotary in the Common Pleas Court where the office of the District Justice is located. The Common Pleas Court charges a fee for filing an appeal. The fee varies from county to county but is generally in the $40 - $60 range.

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Can you appeal an order of possession in PA? ›

If you file an appeal from a Judgment for Possession and want to stay in your home until the appeal is decided, you must file your appeal within 10-days of the date the Magisterial District Judge entered the judgment. If you are only appealing a money judgment, you have 30- days to file the appeal.

How do I get out of a domestic partnership in PA? ›

In Philadelphia, either partner in a domestic partnership can choose to end it. The partnership automatically ends if one partner dies or enters another relationship. The couple must notify the city by filing a termination statement.

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