Criminal Division

Domestic Relations

Fifth District Court of Appeals

 

 

CRIMINAL FREQUENTLY ASKED QUESTIONS

How can I find out if someone has prior felony convictions or any current warrants for arrest?

We provide a research area with public terminals, microfiche for older cases and copiers for your convenience.  We will gladly assist you here in the office or you can click on “Public Records Search” on our home page to do your own on-line search.

 

When can I come to the Clerk’s office to pick up bond money when my case is over?

After we receive the final approval from the Court, bond money is refunded by mail.  If you wish to pick it up in person, you will be required to show proper photo identification.


DOMESTIC RELATIONS FREQUENTLY ASKED QUESTIONS

            Do I need an attorney to file for Divorce or Dissolution or to reactivate my case?

No.  However, the Clerk of Courts office cannot and will 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 counsel before starting the Divorce or  

            Dissolution process. You can contact the Delaware County Bar Association at 740-363-1369

or Legal Aid at 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 documents and fee requirements of the Domestic Relations Division for Divorce and Dissolution cases, with or without children. 

           

                        DIVORCE WITH NO CHILDREN

  1. Classification Form
  2. Complaint
  3. Request or Instructions for Service
  4. Filing Fee of $385.00 (this is a deposit)
  5. Motion and Affidavit for Temporary Orders (without oral hearing)
  6. Affidavits as to Property, Income and Expenses
  7. Party Supplemental Information
  8. Mutual Restraining Orders
  9. Final Judgment for Divorce without Children (Decree of Divorce)

 

DIVORCE WITH CHILDREN

  1. Classification Form
  2. Complaint
  3. Request or Instructions for Service
  4. Filing Fee of $485.00 (this is a deposit)
  5. Motion and Affidavit for Temporary Orders (without oral hearing)
  6. Parenting Proceeding Affidavit
  7. Health Insurance Affidavit
  8. Application for Child Support Services Non-Public Assistance Application
  9. Parenting Plan or Shared Parenting Plan
  10. Child Support Calculation Worksheet
  11. Findings of Fact and Conclusions of Law for Child Support deviation
  12. Affidavits as to Property, Income and Expenses
  13. Mutual Restraining Orders
  14. Party Supplemental Information
  15. Parenting Supplemental Information
  16. Parenting Classes
  17. Final Judgment for Divorce with Children (Decree of Divorce)
  18. Parenting Judgment Entry (Parenting Decree)

 

DISSOLUTION WITH NO CHILDREN

  1. Classification Form
  2. Petition for Dissolution
  3. Waiver of Service
  4. Filing Fee of $355.00 (this is a deposit)
  5. Separation Agreement
  6. Affidavits as to property, income and expenses
  7. Party Supplemental Information
  8. Judgment Entry of Dissolution of Marriage (Dissolution Decree)

 

DISSOLUTION WITH CHILDREN

  1. Classification Form
  2. Petition for Dissolution
  3. Waiver of Service
  4. Filing Fee of $455.00
  5. Separation Agreement
  6. Parenting Proceeding Affidavit
  7. Health Insurance Affidavit
  8. Application for Child Support Services Non-public Assistance
  9. Parenting Plan or Shared Parenting Plan
  10. Child Support Calculation Worksheet
  11. Findings of Fact and Conclusions of Law for Child Support Deviation
  12. Affidavits as to property, income and expenses
  13. Party Supplemental Information
  14. Parenting Supplemental Information
  15. Parenting Classes
  16. Judgment Entry of Dissolution of Marriage (Dissolution Decree)
  17. Parenting Judgment Entry (Parenting Decree)

 

Parties must attend a parenting seminar before the final hearing or the Court may not grant the Divorce or Dissolution.  Please call the OSU Extension Office at (740) 833-2030 to schedule your class or for more information.

 

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

No.  We process the filings and forward the file to the appropriate Judge or Magistrate.  The Assignment Officer will schedule a hearing and obtain the necessary signature on the Order.  A copy of the Judge’s or Magistrate’s Order will be mailed to the appropriate party by regular U.S. Mail. 

 

How can I get a continuance in my case? 

Forms are available on our home page on the “Forms” link.  If the Magistrate or Judge determines that a continuance is appropriate and if it is granted, a new date will be scheduled and you will be notified by regular U.S. Mail. 

 

How can I obtain a copy of my Divorce or Dissolution Decree?

If the divorce or dissolution was granted in Delaware County, you can visit the Clerk of Courts office at the address on our home page.  If this is not convenient, the request may be made in writing.  Please be specific and make certain to include the parties’ first and last names at the time of the marriage, the year the case was filed and the case number, if available.  Mail your request to Delaware County Clerk of Courts, 91 North Sandusky Street 1st Floor, Delaware, Ohio 43015. The cost for the copies is $0.10/page and $2.00 per certification.   Please include a check payable to the Clerk of Courts and an addressed, stamped return envelope.  If you are uncertain of the total cost, please give us a call and we will be happy to assist you.

 

How can 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 division of the Delaware County Prosecutor’s Office, can answer any questions and guide you through the process.  Delaware County Victim Services can be reached at (740)833-2710.

 

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

It is important that you notify the Court or Clerk’s office when you have a change of address.  Your notice of change of address or relocation must be made in writing.  For your convenience, there is an “Address Change” form available for you on the “Forms” link on our home page.  This form must be completed and mailed to The Clerk of Courts Domestic Relations Division, 91 North Sandusky Street 1st Floor, Delaware, Ohio 43015.  This notice will be placed with your case file.  If applicable, a copy of your notice will be forwarded to the Child Support Enforcement Agency and to the other party. 

 

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 reversible.  Some of these decisions may include child support decisions, child custody issues, visitation, etc.  Parties have 30 days to file an appeal with the Court of Appeals on a decision that is 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 wish to appeal the decision, simply disregard the notice. 

 

How can I file a Post-Decree Motion?

The forms that we are able to provide are available on our home page under “Forms.”  You may contact Legal Aid at 1-888-301-2411.  You may also contact the local Law Library at (740) 833-2545.



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 a Notice of Appeal/Mandamus is $125.00.

 

            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 a notice to all counsel and pro se parties that an Appeal / Mandamus has been filed?

Yes.  The Clerk of Courts will send the Notice but any subsequent pleadings to be serviced are the parties’ responsibility. 

 

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

Seven (7) full sets of copies are needed. 

 

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.