CRIMINAL FREQUENTLY ASKED QUESTIONS

How does someone find out if a person has prior felony convictions or any current warrants for arrest?

Our office provides a research area with public terminals, microfiche availability and copiers. Come to the Clerk of Courts Office at the address listed above and one of our deputy clerks will be happy to assist you, or click on Search Court Records in the left hand column to do a search online.

When can I come to the Clerk’s Office and pick up bond money when a case is over?

We need the final approval from the Court. Bond money is refunded by mail or pick-up service which ever you request after processing the necessary documents. We will need to see one piece of ID with a picture.

DOMESTIC RELATIONS FREQUENTLY ASKED QUESTIONS

Do I need an attorney to file for Divorce/Dissolution or Post Decree Action?

No. However the Clerk of Courts can not offer legal advice and does not have any pre-printed forms other than those offered on our website.

What is the procedure for filing for a divorce or dissolution?

The Clerk’s office recommends that you seek legal counseling before starting the Divorce or Dissolution process. You can contact the Delaware County Bar Association at (740)363-1369 or Legal Aid 1-888-301-2411; these organizations can refer you to an attorney that practices Domestic Relations law. If you choose to represent yourself, some legal research will be necessary. The Court is strict about proper forms, formats and requirements needed for this procedure, below is a list of local public and law libraries at the end of these questions.
Please be aware that the Clerk of Courts cannot offer any legal advice.

Below is a list of paperwork and fee requirements for divorce and dissolutions, either with or without children.

DIVORCE WITH NO CHILDREN
1. Classification Form
2. Complaint for Divorce
3. Form 2 or Assets & Liabilities Form
4. Instruction for Service (Document instructing the Clerk to send copies of forms to opposing parties, as required by law and Motion for Restraining Orders and accompanying Judgment Entry or Motion granting Temporary Restraining Order)
5. Filing Fee of $235.00 is required at the time of filing
6. You will need three copies of these documents

DIVORCE WITH CHILDREN
1. Classification Form
2. Complaint for Divorce
3. Form 1 Affidavit
4. Instructions for Service (Document instructing the Clerk to send copies of forms to opposing parties, as required by law)
5. Filing fee of $285.00 is required at the time of filing
6. Motion for Temporary Restraining Order with accompanying Judgment Entry or Motion granting Temporary Restraining Order
7. Motion for Temporary Orders with Affidavit in Support
8. Custody Affidavit
9. Health Insurance Affidavit (Rule 24)
10. Child Support worksheet calculation
11. You will need four copies of these documents

Parties must attend a parenting seminar before the final hearing, or the Court may not grant divorce. Please call the OSU extension office (740) 833-2030 and (740) 548-7313, ext. 2030.

DISSOLUTION WITH NO CHILDREN
1. Petition for Dissolution
2. Separation Agreement
3. Waiver of Service
4. Financial Affidavit (one per party)
5. Acknowledgment of Legal Representation
6. Filing fee of $205.00 is required at the time of filing
7. Decree of Dissolution (Needed for Final Hearing)
8. You will need three copies of these documents.

DISSOLUTION WITH CHILDREN
1. Petition for Dissolution
2. Separation Agreement
3. Waiver of Service
4. Financial Affidavit (one per party)
5. Form 3 Affidavit
6. Acknowledgment of Legal Representation
7. Filing fee of $230.00 is required at the time of filing
8. Child Support calculation worksheet
9. Findings of fact if deviation from C.S. guidelines
10. Custody Affidavit 11. Health Insurance Affidavit
12. Decree of Dissolution (needed for final hearing)

Parties must attend a parenting seminar before the final hearing, or the Court may not grant divorce. Please call the OSU extension office (740) 833-2030 and (740) 548-7313, ext. 2030.

Will my Magistrate’s or Judge’s Order be signed the same day?

No. We do not “walk through” paperwork. We process the file and take the file to the appropriate Magistrate/Judge. The Assignment Officer will scheduled a hearing & obtain the necessary signature on the Order. A copy of the Magistrate/Judge’s Order will be mailed to the appropriate party by regular U.S. mail.

How do I get a Continuance?

(depending on whether a Judge or a Magistrate is ruling on your divorce). After the form is filled out, take it to the Clerk of Courts Office. The Magistrate or Judge will decide whether a continuance is appropriate. If the continuance is approved, the Magistrate or Judge’s Office will scheduled a new date and send the new continuance date to you by Regular U.S. mail. Make certain to save all copies that are returned to you.

How do I obtain a copy of my Divorce Decree?

If the divorce was granted in Delaware County, you can write a letter to the Clerk of Courts Office, 91 N. Sandusky Street, 1st Floor, Delaware, Ohio 43015, requesting a copy of the Divorce Decree. Make certain to include the parties’ first and last name during the marriage, the year the case was filed, and the case number if available, along with your return name and address. If you would like any other copies besides your Decree, please specify in your request. Cost for the copies is $0.10/page and $1.00 per certification. Or you can come in person to the Clerk’s Office, address listed above. One of the Deputy Clerks will be happy to help you.

How do I file for a Civil Protection Order?

A Civil Protection Order can be filed in cases of domestic violence, if the parties live together or have lived together in the same household. These Court Orders can be made effective for up to 5 years. Victim Services a section of the Delaware County Prosecutor’s Office can answer any questions and guide you through the process of filing out the paperwork. Contact the Delaware County Victim Services at (740)833-2710.

How do I file a relocation or change of address notice?

To file a Relocation Notice, write a letter to the Clerk of Courts Domestic Relations Division, 91 N. Sandusky Street, 1st Floor, Delaware, Ohio 43015. Include your name, the Domestic Relations Case Name and Number, and your new address. Make sure to state that this is a Relocation Notice. A copy of your notice will be sent to the Child Support Enforcement Agency and to the other party. The procedure for a Change of Address is the same; write a letter including your name, the Domestic Relations Case Name and Number, and your new address. This information will be placed with the rest of your Domestic file.

What is a Notice of Final Appealable Order?

A Notice of Final Appealable Order is a decision rendered by the Judge or Magistrate that is appealable, or can be reversed (child support decisions, custody issues, etc.) Parties have 30 days to file an appeal with the Court of Appeals on a decision rendered by a Judge. If a magistrate rendered the decision, parties have 14 days to file an appeal with the Supervising Judge. If you do not want to appeal this decision, please disregard the notice.

How do I file a Post-Decree Motion?

We do not provide preprinted Motions for post decree, the only the forms are those provided on this website. If you do not have legal representation, you will need to draft a Motion for Reallocation of Parental Rights and Responsibilities. You will also need a Custody Affidavit and a Health Insurance Affidavit; Instructions for service, classification form and Magistrate’s Order scheduling hearing date. You may contact Legal Aid at 1-888-301-2411 to see if you qualify for free legal assistance.

LOCAL LAW LIBRARY INFORMATION
Delaware County Law Library
20 W. Central Avenue
Delaware, Ohio 43015
Telephone - (740)833-2545
Fax – (740)833-2548

FIFTH DISTRICT COURT OF APPEALS FREQUENTLY ASKED QUESTIONS

How long after the Common Pleas Court renders a Judgment can I file an Appeal?

You can file a Notice of Appeal within 30 days of the time-stamped date on the Judgment.

How much does it cost to file a Notice of Appeal or Mandamus?

The charge to file Notice of Appeal/Mandamus is $103.00.

Should I file a Precipe to get the record transmitted to the Court of Appeals?

Yes, to the Court Reporter for transmittal of the original transcripts and exhibits.

Will the Clerk of Courts send notice to all counsel/pro se that an Appeal/Mandamus has been filed?

Yes, the Clerk of Courts will service the Notice, any subsequent pleadings to be Serviced are the parties’ responsibility.

When will the Clerk’s Office transmit the request?

Regular calendar with no transcript request: 10 days from filing the Notice of Appeal, Accelerated calendar with not transcript request: 10 days from filing the Notice of Appeal, Regular calendar with transcript request: 40 days from filing of the Notice of Appeal, Accelerated Calendar with transcript request: 20 days from filing the Notice of Appeal.

When will my brief come due?

Regular calendar: Appellant’s brief if due 20 days after filing of Appellant’s Brief. Reply Briefs are due 10 days after filing of Appellee’s Brief.

How many copies of the Notice of Appeal do I need to file?

Seven full sets of copies.

How long after the Court of Appeals renders a Judgment can I appeal to The Supreme Court?

You have 45 days to file your notice of appeal to the Ohio Supreme Court.