Ohio Uncontested Dissolution of Marriage Petition + Decree Filing Packet

OHIO UNCONTESTED DISSOLUTION OF MARRIAGE — FILING PACKET

PACKET CONTENTS

TAB 1 — RESIDENCY, JURISDICTION, AND ELIGIBILITY CHECKLIST

Petitioner 1 (Husband / Spouse A): [____________________________________________]
Petitioner 2 (Wife / Spouse B): [____________________________________________]
Court of Common Pleas, Division of Domestic Relations, [_______________________] County, Ohio
Case Number: [__________________________]

Residency (R.C. § 3105.03)

☐ At least one party has been a resident of the State of Ohio for six (6) months immediately preceding the filing of the petition.
☐ At least one party has been a resident of [_______________________] County for ninety (90) days immediately preceding the filing.
☐ Date Ohio residency commenced: [__/__/____]
☐ Date county residency commenced: [__/__/____]

Dissolution Eligibility (R.C. § 3105.61–3105.65)

☐ Both parties agree to all terms of dissolution.
☐ A fully executed Separation Agreement is attached to the joint Petition at the time of filing.
☐ The Separation Agreement resolves: division of all property and debts; spousal support (if any); and, if children, allocation of parental rights and responsibilities, child support, parenting time, and health insurance.
☐ Both parties understand each will be required to appear in person at the final hearing under R.C. § 3105.64.
☐ Both parties acknowledge the hearing will be scheduled not less than 30 nor more than 90 days after filing.

If Dissolution Unavailable — Uncontested Divorce Eligibility (R.C. § 3105.01)

☐ The parties wish to proceed under a Complaint for Divorce alleging:
☐ Incompatibility (3105.01(K)) — requires no objection by either party
☐ Living separate and apart without cohabitation for one (1) year (3105.01(J))
☐ Other ground: [______________________________________________________]
☐ Defendant will waive service or be served per Civ. R. 4 and file an Answer/Waiver consenting to entry of decree.
☐ 42-day waiting period from service before final hearing per Civ. R. 75(K).

TAB 2 — PETITION FOR DISSOLUTION OF MARRIAGE (UDRF Form 17)

IN THE COURT OF COMMON PLEAS
[_______________________] COUNTY, OHIO
DIVISION OF DOMESTIC RELATIONS

Case No.: [__________________________]
Judge: [_______________________]

JOINT PETITION FOR DISSOLUTION OF MARRIAGE

Petitioners, having agreed to the terms of dissolution and being represented [☐ by counsel / ☐ pro se], jointly petition the Court under R.C. §§ 3105.61–3105.65 and state:

1. Residency. At least one Petitioner has been a resident of Ohio for at least six (6) months and a resident of [_______________________] County for at least ninety (90) days immediately preceding the filing of this Petition.

2. Marriage. Petitioners were lawfully married on [__/__/____], in [_______________________] (city, state/country).

3. Personal Information.

4. Children. ☐ No children were born of or adopted during the marriage and Petitioner 2 is not pregnant. ☐ The following minor child(ren) were born of or adopted:

5. Separation Agreement. A Separation Agreement executed by both Petitioners and addressing all matters required by R.C. § 3105.62 is attached and incorporated.

6. Personal Appearance. Each Petitioner acknowledges the requirement under R.C. § 3105.64 to appear in person at the final hearing.

7. UCCJEA (if children). Ohio is the home state of the minor child(ren); the Parenting Proceeding Affidavit (UDRF Affidavit 3) is attached.

WHEREFORE, Petitioners pray for entry of a Judgment Entry Decree of Dissolution of Marriage:

A. Terminating the marriage;
B. Approving and incorporating the Separation Agreement (and Shared Parenting Plan, if any);
C. Restoring [_________________________]'s former name of [_____________________________];
D. Granting such other relief as the Court deems equitable.

VERIFICATION: Each Petitioner swears under penalty of perjury that the foregoing is true and correct.

___________________________________ ___________________________________
[PETITIONER 1 SIGNATURE] [PETITIONER 2 SIGNATURE]
Date: [__/__/____] Date: [__/__/____]

Sworn to before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public — State of Ohio

TAB 3 — SEPARATION AGREEMENT (UDRF Form 19 / 20)

This SEPARATION AGREEMENT ("Agreement") is entered into on [__/__/____] between [PETITIONER 1] and [PETITIONER 2], who agree as follows pursuant to R.C. § 3105.62:

1. Marital Status and Recitals

The parties were married on [__/__/____] and have agreed to dissolve their marriage. Each acknowledges full and complete disclosure of all assets, debts, income, and expenses through executed UDRF Affidavits 1 and 2.

2. Real Property

3. Personal Property and Vehicles

4. Financial Accounts and Retirement

5. Debts and Liabilities

6. Spousal Support (R.C. § 3105.18)

☐ Each party waives all past, present, and future spousal support, and the Court shall not retain jurisdiction to modify.
☐ [______________] shall pay $[________] per month to [______________] for [____] months, beginning [__/__/____]. The Court ☐ shall / ☐ shall not retain jurisdiction over amount and duration.

7. Children and Allocation of Parental Rights and Responsibilities (R.C. § 3109.04)

☐ Sole legal custody (residential parent and legal custodian) to: [_______________________].
☐ Shared Parenting Plan attached (UDRF Form 21).

8. Parenting Time Schedule

[As set forth in the attached Shared Parenting Plan or Parenting Time Order. Standard order: [_______________________].]

9. Child Support (R.C. §§ 3119.01–3119.24)

Calculated per the Ohio Child Support Guideline Worksheet. Obligor: [______________]. Monthly amount: $[__________]. Payable through the Child Support Payment Central (CSPC) with income withholding.

10. Health Insurance for Children

Provided by [______________] through [______________] (employer/plan). Uninsured medical/dental expenses allocated [____]% / [____]%.

11. Tax Filing / Dependency Exemption / Child Tax Credit

Filing status for tax year of dissolution: [_______________]. Dependency exemption(s) allocated as follows: [_______________________].

12. Name Restoration

☐ [______________]'s former name of [_____________________________] is restored.

13. General Release and Waiver

Each party releases all claims against the other except those created by this Agreement. The parties shall execute all deeds, titles, QDROs, and transfer documents within 30 days of the Decree.

___________________________________ ___________________________________
[PETITIONER 1] [PETITIONER 2]
Date: [__/__/____] Date: [__/__/____]

State of Ohio, County of [______________] — Acknowledged and sworn before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public

TAB 4 — WAIVER OF SERVICE (UDRF Form 22)

Each Petitioner waives service of summons and acknowledges that personal appearance at the final hearing is required under R.C. § 3105.64.

___________________________________ ___________________________________
[PETITIONER 1] [PETITIONER 2]

TAB 5 — AFFIDAVIT OF BASIC INFORMATION, INCOME, AND EXPENSES (UDRF Affidavit 1)

Each party files a sworn affidavit listing employment, gross/net monthly income, monthly expenses (housing, transportation, food, insurance, etc.), and dependents. Attach:
☐ Three (3) most recent pay stubs
☐ Most recent federal and state tax returns (with W-2s and 1099s)
☐ Year-to-date pay stub or employer statement

TAB 6 — AFFIDAVIT OF PROPERTY AND DEBT (UDRF Affidavit 2)

Lists all real property, vehicles, financial accounts, retirement, business interests, personal property of significant value, and all debts.

TAB 7 — PARENTING PROCEEDING AFFIDAVIT (UDRF Affidavit 3 / UCCJEA — R.C. § 3127.23)

Required when minor children are involved. Discloses children's residences for the past five (5) years and any prior or pending custody actions.

TAB 8 — HEALTH INSURANCE AFFIDAVIT (UDRF Affidavit 4)

Identifies available coverage for the minor children and the cost of including the children on each plan.

TAB 9 — SHARED PARENTING PLAN / PARENTING PLAN (UDRF Form 21)

Required if shared parenting is requested. Must address allocation of decision-making, residential schedule, holidays and vacations, dispute resolution, relocation, school of attendance, communication, and tax exemptions.

TAB 10 — JUDGMENT ENTRY — DECREE OF DISSOLUTION OF MARRIAGE (UDRF Form 18 / 18A)

This cause came on for final hearing on [__/__/____], with both Petitioners personally present. The Court FINDS:

1. At least one Petitioner has been a resident of Ohio for six months and of [_______________________] County for ninety days as required by R.C. § 3105.03.
2. The hearing is held not less than 30 nor more than 90 days after the filing of the Petition (R.C. § 3105.64).
3. Each Petitioner has voluntarily entered into the Separation Agreement, is satisfied with its terms, and seeks dissolution of the marriage (R.C. § 3105.65).
4. Each Petitioner has made full disclosure of assets, debts, income, and expenses.
5. The Separation Agreement (and Shared Parenting Plan, if any) is fair, equitable, and in the best interests of any minor child(ren).

IT IS ORDERED, ADJUDGED, AND DECREED:

A. The marriage of [PETITIONER 1] and [PETITIONER 2] is DISSOLVED.
B. The Separation Agreement dated [__/__/____] is APPROVED and INCORPORATED into this Decree.
C. The Shared Parenting Plan dated [__/__/____] is APPROVED and INCORPORATED (if applicable).
D. Child support of $[__________] per month is ORDERED through the CSPC; income withholding shall issue.
E. The former name of [_____________________________] is RESTORED to [_______________________].
F. Each party shall bear their own attorney's fees and costs.
G. The Court retains jurisdiction to enforce and (where reserved) modify this Decree.

ENTERED this [__] day of [_____________], 20[__].

___________________________________
JUDGE / MAGISTRATE

TAB 11 — (ALTERNATIVE) COMPLAINT FOR DIVORCE (UDRF Form 6 / 7)

For use when one spouse is non-cooperative on dissolution but consents to entry of an uncontested divorce decree:

Grounds: ☐ Incompatibility (R.C. § 3105.01(K)) ☐ Living separate and apart 1 year (§ 3105.01(J)) ☐ Other [____________]

42-day waiting period from service applies (Civ. R. 75(K)).

FILING PROCEDURE AND FEES

Poverty Affidavit / Fee Waiver: Available under Sup.R. 60. File concurrently with petition.

SOURCES AND REFERENCES

• Ohio Revised Code Chapter 3105 — https://codes.ohio.gov/ohio-revised-code/chapter-3105
• R.C. § 3105.61 — https://codes.ohio.gov/ohio-revised-code/section-3105.61
• Ohio Supreme Court Uniform Domestic Relations Forms — https://www.supremecourt.ohio.gov/courts/services-to-courts/domestic-violence-program/uniform-domestic-relations-forms/
• Ohio Child Support Guidelines — R.C. §§ 3119.01–3119.24
• Ohio Civil Rules of Procedure — Rule 75