Montgomery County Domestic Relations Court (2024)

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 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 to Complaint
  • Affidavit of Financial Disclosure
  • Instructions for Service
  • Counterclaim to Divorce
  • Secondary Party Questionnaire

Answers without Children

  • Answers to Complaint
  • Affidavit of Financial Disclosure
  • Instructions for Service
  • Counterclaim to Divorce
  • Secondary Party Questionnaire

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

  • 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
  • Obliges 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

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

General Motion

General Motion

  • General Motion
  • Affidavit in Support of Motion
  • Request for Service

Other Ohio Forms

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 DisclosureParenting 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? ›

Filing the Notice of Appeal: The first step in appealing a family law decision in Pennsylvania is to file a Notice of Appeal with the appropriate appellate court. The Notice of Appeal must be filed within 30 days of the entry of the final order or judgment that you are seeking to appeal.

How much is a 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 do domestic relations work in PA? ›

Domestic Relations Section

It serves as the court's child support enforcement agency. The DRS prepares petitions for both child and spousal support, establishes support, enforces support orders, establishes paternity for children born out-of-wedlock, and locates absent parents.

How do I respond to a divorce summons in Massachusetts? ›

How to respond
  1. In person + File your answer in the court that is hearing your case. Court staff will place it in the numbered file folder with the plaintiff's complaint and any other documents filed in the case. ...
  2. By mail + Send your forms to the court that is hearing your case. ...
  3. Online + You can file online at eFileMA.

How do you prove undue influence in PA? ›

In Pennsylvania, a person challenging a will on the basis of undue influence must demonstrate the following elements: 1) a confidential relationship between the proponent of the will's validity and the testator; 2) the proponent of the will's validity receives a substantial benefit under the will; and 3) the testator ...

What are grounds for TPR in PA? ›

The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds: The parent, for at least 6 months, either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.

Do both parties have to be present for a dissolution in Ohio? ›

The Dissolution is normally finalized the day of the hearing. Both parties must attend the hearing.

Which is better divorce or dissolution in Ohio? ›

The Ohio Dissolution of Marriage Process

This process is more cooperative and often less expensive than the divorce process. For example, there is no formal discovery process available in a dissolution. Rather, the parties must voluntarily share whatever information is necessary to reach an agreement.

Do you need a lawyer to file a dissolution in Ohio? ›

Do I need an attorney to get a dissolution of marriage in Ohio? If your divorce is uncontested, meaning you and your spouse agree to end the marriage and all aspects of the dissolution, you will likely avoid much of the need for an attorney.

Who gets the house in a PA divorce? ›

If the house was purchased before marriage, it's considered separate property, and that spouse may have rights to keep the house. However, if both spouses have a history of making mortgage payments (assets are commingled), both spouses have rights to ownership post-divorce.

Does domestic relations handle alimony in PA? ›

When so ordered by the court, all payments of child and spousal support, alimony or alimony pendente lite shall be made to the domestic relations section of the court which issued the order or the domestic relations section of the court at the residence of the party entitled to receive the award.

What age in PA can a child decide which parent to live with? ›

There is no minimum age which prompts a Pennsylvania judge to say that a child's wishes will or won't be considered.

What to say when you don't want to answer a question in court? ›

If asked a question, then you can tell the judge that, with all due respect, you do not wish to answer any questions, nor do you wish to clarify your position.

How do you write a response to a court summons? ›

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.

What does filing an answer mean? ›

Filing an Answer to the Complaint forces the other side to prove their case with evidence. You may also be called upon to provide evidence about what happened or defenses you claim. There are other possible types of responses that may be more appropriate in your case.

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

The non-refundable filing fee for an appeal is $80.00, payable in cash, money order or certified check to the Department of Court Records, Criminal Division. A separate check or money order of $90.25 made payable to the Superior Court or Commonwealth Court MUST accompany your appeal. Personal checks are not accepted.

How long does it take to file an appeal in PA? ›

A.

You must file your appeal within 30 days of the date the District Judge made the decision, which is also called a "judgment." The District Judge usually makes the decision on the same day as the hearing, but is allowed to wait up to five days after the hearing.

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.

How do you appeal termination of parental rights in PA? ›

The birth parent has a thirty-day appeal period to file an appeal with the Superior Court regarding the termination of their parental rights. If no appeal has been filed, the attorney can proceed with scheduling the adoption hearing.

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