Divorce in Tuscarawas County Ohio

Tuscarawas County Ohio Divorce Attorney

If you are considering filing for a divorce or dissolution or a complaint has been filed against you in Tuscarawas County, it is important to plan and know what to expect. Here’s a brief overview:

If A Divorce Complaint Is Filed Against You

If a divorce complaint is filed in Tuscarawas County against you, it’s recommended that you contact an attorney immediately who has extensive experience with handling a variety of domestic relations issues in Tuscarawas County.

It is very important that you file a proper answer to the divorce complaint within 28 days from when you were served with a summons. This answer will need to be filed in writing in accordance with form requirements dictated by Tuscarawas County. These requirements can be extensive and complicated.

After you file your response, you will need to attend every hearing scheduled by the Court associated with the complaint and keep the Court updated at all times with your contact information including your address.

If You Plan on Filing a Divorce Complaint

If you plan on filing for a divorce in Tuscarawas County, Ohio you must have lived in Ohio for at least 6 months prior to filing for the divorce and you must have lived in Tuscarawas County for at least 90 days prior to your divorce filing.

If you plan on filing for a dissolution, you still need to have lived in Ohio for at least 6 months but you do not need to have lived within Tuscarawas County for the 90 day minimum period of time.

A divorce complaint or dissolution petition needs to be filed at the Clerk of the Common Pleas Court for Tuscarawas County located at 101 E. High Street, New Philadelphia, Ohio 44663. The Tuscarawas County Common Pleas Court is open from 8:00 a.m. to 4:30 p.m. Monday through Friday. The telephone number for the Court is (330) 364-8811.

Tuscarawas County Common Pleas Court

The Tuscarawas County Common Pleas Court has jurisdiction over a wide variety of domestic relations or family law issues and actions including the following:

  • Divorces
  • Dissolutions
  • Legal Separations
  • Annulments
  • Child Custody
  • Enforcement Actions
  • Parental Rights and Responsibilities
  • Child Support
  • Spousal Support
  • Parenting Time
  • Child Visitation

The domestic relations attorneys at our law firm have extensive experience in Tuscarawas County, Ohio representing clients with all of the above listed issues.

What Happens When You File a Divorce

After you file your divorce complaint, your spouse or partner (person you are divorcing) has 28 days after being served with the complaint to file an answer. In addition to filing an answer, your spouse or partner may wish to file a counterclaim for divorce. A checklist of what is required for a divorce in Tuscarawas County is provided below.

Uncontested Divorce

If your spouse or partner (person you are divorcing) files no answer, your case will be set for an uncontested divorce hearing. You will need to appear at the hearing and give testimony regarding the grounds for the divorce, your assets and debts, and the needs of any minor children. Generally, the assets and debts will be divided as you requested provided the division is fair and equitable based on the evidence presented. If you and your spouse or partner have a valid separation agreement, the Court can divide your assets and debts according to the terms of the separation agreement.

Contested Divorce

If your spouse or partner (person you are divorcing) files an answer, it is considered to be a contested divorce. In other words, you and your spouse or partner cannot agree on how you will divide assets and liabilities and/or your parental rights and responsibilities. The Court will need to conduct a hearing and take evidence to decide one or more issues regarding the relationship. This can be a very time consuming and expensive process.

Tuscarawas County Divorce Checklist

The following lists the minimum requirements for both a divorce with children and without children in Tuscarawas County, Ohio:

Divorce With Children

1. Domestic Relations Case Designation Form

2. Disclosure of Personal Identifier Information

3. Complaint for Divorce

4. Instructions for Service

5. Affidavit for Service

6. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act

7. Affidavit of Income and Expenses

8. Affidavit of Property

9. Private Health Insurance Questionnaire

10. Application and Questionnaire for Child Support Services

11. Judgement Entry

12. Child Support Calculation

13. Motion for Temporary Orders (if necessary)

14. Affidavit for Temporary Relief (if necessary)

15. Judgement Entry for Temporary Orders

Divorce Without Children

1. Domestic Relations Case Designation Form

2. Disclosure of Personal Identifier Information

3. Complaint for Divorce

4. Instructions for Service

5.  Affidavit of Income and Expenses

6. Affidavit of Property

7. Judgement Entry for Posting of Service

8. Judgement Entry for Temporary Orders

9. Ex Parte Motion for Temporary Orders (if necessary)

10. Affidavit for Temporary Relief (if necessary)

Please note, in addition to the above checklist items for both a divorce with children and without children, there may be other documents, pleadings and filings the Court may require depending on the unique issues associated with a specific divorce case.

Dissolution

A dissolution allows spouses and partners to terminate their marriage by agreement without stating any reasons why they wish to terminate their marriage. To obtain a dissolution, you and your spouse or partner must enter into a written contract that divides all of your assets and debts and, if there are children, the agreement must allocate parental rights and responsibilities. This written contract is called a separation agreement. The separation agreement must address all of your assets, debts and the care, custody, control and support of any minor children of the marriage.

Your dissolution case will be scheduled for hearing after the petition for dissolution is filed. Both spouses or partners must be present for the hearing.

Tuscarawas County Dissolution Checklist

Dissolution With Children

1. Domestic Relations Case Designation Form

2. Disclosure of Personal Identifier Information

3. Petition for Dissolution of Marriage and Waiver of Service of Summons

4. Separation Agreement

5. Shared Parenting Agreement

6. Petitioner 1 Financial Affidavit

7. Petitioner 2 Financial Affidavit

8. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act

9. Private Health Insurance Questionnaire

10. IV-D Application

11. Child Support Calculation

12. Magistrate’s Decision / Judgment Entry

Dissolution Without Children

1. Domestic Relations Case Designation Form

2. Disclosure of Personal Identifier Information

3. Petition for Dissolution of Marriage and Waiver of Service of Summons

4. Separation Agreement

5. Shared Parenting Agreement

6. Petitioner 1 Financial Affidavit

7. Petitioner 2 Financial Affidavit

8. Magistrate’s Decision / Judgment Entry

Please note, in addition to the above checklist items for a dissolution, there may be other documents and filings the Court may require depending on the unique issues associated with a specific dissolution case.

Domestic Mediations

The Domestic Mediation Program in Tuscarawas County provides parties in a divorce with the opportunity to submit custody, visitation, child support and property division issues to mediation before proceeding to a contested hearing before the Court.

These cases are referred to mediation by the Court or at the request of a party.

Contact Us for Help with a Tuscarawas County Divorce

The domestic relations lawyers at our law firm have significant experience handling divorces and dissolutions in Tuscarawas County, Ohio.

Please contact us to talk about your divorce by calling 1-888-774-9265, chatting with one of our live chat operators (available 24/7/365) or send us a website message and we will reply promptly.

If you are a resident of New Philadelphia, Dover, Uhrichsville, Sugarcreek, Tuscarawas, Baltic, Barnhill, Dennison, Mineral City, Roswell, Stone Creek, Zoar, Straburg or any other city, town or village located within Tuscarawas County, Ohio, we have the experience with the Tuscarawas County Domestic Court System that’s needed.

For additional information about filing for divorce in Tuscarawas County, Ohio, please visit the following link: Tuscarawas County Common Pleas Court

Dissolution & Divorce
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