Divorce Decree Sample PDF Template

A Divorce Decree Sample form is a legal document that outlines the terms of a divorce, including child custody, support, and division of property. This sample is not meant to be filled out as is but serves as a guide for creating your own decree tailored to your specific situation. To ensure your divorce process is handled correctly, consider filling out the form by clicking the button below.

Article Guide

When navigating the complexities of divorce, one critical document often comes into play: the Divorce Decree Sample form. This form outlines the court's final decision regarding the dissolution of a marriage, addressing essential aspects such as child custody, child support, and spousal support. It is important to note that this sample serves as a guide rather than a fill-in-the-blank template; individuals must draft their own decree based on their unique circumstances. The decree begins with the identification of the parties involved, including the plaintiff and defendant, along with case details. It confirms the court's jurisdiction and the grounds for divorce, ensuring that all legal requirements are met. The decree also incorporates agreements related to child custody arrangements, specifying which parent will have residential custody and outlining visitation rights for the non-residential parent. Furthermore, it details financial obligations, including child support payments and spousal support amounts, ensuring that both parties are aware of their responsibilities. By understanding the components of this form, individuals can better prepare for the legal proceedings ahead and work towards a resolution that meets their needs and those of their children.

Divorce Decree Sample Preview

DR 901 (Rev. 10/25/2012)

SAMPLE

DECREE OF DIVORCE

CHILDREN, SUPPORT AND SPOUSAL SUPPORT

(this is only a sample, not a “fill in the blank” form)

You must prepare your own Decree

COURT OF COMMON PLEAS

DIVISION OF DOMESTIC RELATIONS

HAMILTON COUNTY, OHIO

Mary A. Smith : Case No. ____________________________

Plaintiff : File No. _____________________________

: CSEA# _____________________________

-vs-

John R. Smith :

Defendant : DECREE OF DIVORCE

This cause came to be heard on (Date of hearing - Month, Day and Year) on the Complaint of

(Insert plaintiff’s name). The Court finds that there has been service of summons as provided by law,

that (Insert plaintiff’s or both parties’ names) appeared personally at the hearing, that Plaintiff [was/was

not (choose one)] represented by counsel and Defendant [was/was not (choose one)] represented and

waived his/her right to counsel.

The Court finds that Plaintiff has been a resident of the State of Ohio for at least six (6) months

and Hamilton County for at least ninety (90) days immediately prior to the filing of the complaint and

the Court has full and complete jurisdiction to determine the case.

The parties were married in (Insert City and State where married) on (Insert date of marriage)

and there were (# of Children) child[ren] born issue of their marriage, namely: (Insert child[ren]’s name

and date of birth, and Wife is not now pregnant.

The Court finds that [state grounds for Divorce here] and that [Plaintiff and/or Defendant

(choose one)] is entitled to a divorce as prayed for in the [Complaint or Answer and Counterclaim

(choose one)].

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that a Decree of

Divorce is hereby granted to the [Plaintiff and/or Defendant (choose one)], and the marriage relationship

existing between the parties is hereby terminated and held for naught and both parties are hereby

released and discharged from all obligations thereon.

DR 901 (Rev. 10/25/2012)

IT IS FURTHER ORDERED THAT THE [Separation Agreement/Agreed Entry (choose one)]

which is attached hereto is hereby incorporated into the Court’s order and is a part of this Decree of

Divorce as if fully rewritten. The parties acknowledge under oath that they have voluntarily entered into

the [Separation Agreement/Agreed Entry (choose one)], that they have made full disclosure of all assets

and liabilities, and that they understand the terms of said agreement.

IT IS FURTHER ORDERED that the (Insert name of residential parent) is the residential parent

and legal custodian of the minor child[ren], (Insert names of child[ren]) and (Insert non-residential

parent’s name) shall have parenting time with said minor child[ren] in accordance with the Court’s

Standard Parenting Order, a copy of which is attached hereto. (OR OTHER DETAILED PARENTING

TIME AGREEMENT/ORDER)

IT IS FURTHER ORDERED that the parties have entered into a Shared Parenting Plan which

has been submitted to and approved by the Court. Both parents shall be designated residential parent

and legal custodian, with parenting time as outlined in the Decree of Shared Parenting, filed herewith.

IT IS FURTHER ORDERED that (Insert name of parent ordered to pay child support)

(Obligor)shall pay as and for the support of the minor child[ren] the sum of $(Insert Dollar Amount to

pay) per month, per child, plus 2% processing charge, payable through The Office of Child Support of

The Department of Jobs and Family Services for the parties' child[ren]. This order is effective (Insert

date child support order begins) and is payable monthly in the total amount of $(Insert total child

support obligation), including the processing charge.

This support order amount is the same as that indicated on the signed and attached child support

worksheet

This support order amount is different from that indicated on the attached child support

worksheet and the deviation is in the child(ren)’s best interest because: (state specific reasons).

Notwithstanding Section 3109.01 of the Revised Code, the parental duty of support to children,

including the duty of a parent to pay support pursuant to a child support order shall continue beyond the

child's eighteenth birthday only in accordance with Section 3119.86 of the Revised Code. The duty of

support shall continue during seasonal vacations. The Obligor is responsible for making payments

directly to The Office of Child Support of The Department of Jobs and Family Services until such time

as a deduction order takes effect. Any payment made directly to the residential parent and not through

The Office of Child Support of The Department of Jobs and Family Services shall be deemed a gift and

not credited to the support account.

DR 901 (Rev. 10/25/2012)

All support under this order shall be withheld or deducted from the income or assets of the

obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with

Chapters 3119, 3121, 3123, and 3125 of the Revised Code or a withdrawal directive issued pursuant to

sections 3123.24 to 3123.38 of the Revised Code and shall be forwarded to the obligee in accordance

with Chapters 3119, 3121, 3123 and 3125 of the Revised Code. A person and/or entity required to

comply with withholding or deduction notices described in Section 3121.03 of the Revised Code shall

determine the manner of withholding or deducting from the specific requirement included in the notices

without the need for any amendment to the support order, and a person required to comply with an order

described in sections 3121.03, 3121.04 to 3121.06 and 3121.12 of the Revised Code shall comply

without need for any amendment to the support order. The withholding or deduction noticed and other

orders issued under sections 3121.03, 3121.04 to 3121.06 and 3121.12 of the Revised Code, and the

notices that require the obligor to notify the child support enforcement agency administering the support

order of any change in the obligor’s employment status or of any other change in the status of the

obligor’s assets, are final and enforceable by the court.

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT

ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS,

CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER,

CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY CHANGES IN THAT

INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL

FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE

SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND

YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50

FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH

SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY CHILD

SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE

REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE

SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90

DAYS.

IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES,

YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS

AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR

PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER’S LICENSE, OR

RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS

RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL

INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY

FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.

DR 901 (Rev. 10/25/2012)

IT IS FURTHER ORDERED THAT [Mother/Father (choose one)] shall maintain private health

insurance for the parties’ child/children so long as [he/she (choose one) ]has accessible health insurance

available for 5% or less of his/her gross annual income. A Qualified Medical Child Support Order [if no

health insurance is available to either party, a Shared Liability Health Care Order] shall issue. This

order shall remain in effect until the child reaches the age of eighteen (18) and no longer attends an

accredited high school on a full-time basis unless otherwise ordered. Except in cases in which a child

support order requires the duty of support to continue for any period after the child reaches age nineteen,

the order shall not remain in effect after the child reaches age nineteen. A Cash Medical Order is

attached and incorporated for all purposes.

IT IS FURTHER ORDERED that (Insert Plaintiff’s or Defendant’s name) shall pay spousal

support in the amount of $(Insert Dollar Amount to pay) per month for (Insert # of months) months,

effective (Insert date spousal support shall begin), payable through the The Office of Child Support of

The Department of Jobs and Family Services, plus 2% processing fee. The Court [shall/shall not

(choose one)] retain jurisdiction over the term or the amount of this order.

IT IS FURTHER ORDERED that [each party shall retain all property presently held in his/her

name or possession, free and clear of any claim by the other and shall be solely liable for any debts

presently held in his/her name and hold the other harmless on same] or [property shall be divided

pursuant to the attached Separation Agreement] or [repeat the property distribution as stated in a

Magistrate’s Decision-DO NOT ATTACH A MAGISTRATE’S DECISION TO THE DIVORCE

DECREE]. (choose one method of property division)

(Insert Plaintiff’s or Defendant’s Name) shall be restored to her maiden name of (Insert name to

be restored to).

[Insert name of person to be responsible to pay or ½ each] shall pay court costs.

_____________________________________

Judge

_______________________________ _____________________________________

Plaintiff Defendant

_______________________________ _____________________________________

Attorney Attorney

DR 901 (Rev. 10/25/2012)

REQUIRED FORMS FOR DECREE: (ORIGINAL + 4 COPIES)

 Divorce Decree

o Separation Agreement or Agreed Entry (if appropriate)

 Child Support Worksheet (form 7.5A or 7.6)

 Standard Parenting Order (if appropriate- form 2.7)

 Appropriate Health Care Order (7.17 if private health insurance is available-

7.20 if private health insurance is not available)

 Cash Medical Order (form 7.24)

IF SHARED PARENTING: (ORIGINAL + 4 COPIES)

 Divorce Decree

 Separation Agreement or Agreed Entry (if appropriate)

 Final Decree of Shared Parenting (form 2.3)

 Approved Shared Parenting Plan

 Child Support Worksheet (form 7.5A or 7.6)

 Standard Parenting Order (if appropriate- form 2.7)

 Appropriate Health Care Order (7.17 if private health insurance is available-

7.20 if not)

 Cash Medical Order (form 7.24)

ADDITIONAL FORMS: (1 COPY)

 SUPPORT ACCOUNT DATA FORM (CDR4905)

 COPY OF IV-D APPLICATION

 HEALTH CARE VERIFICATION (IF APPROPRIATE- FORM 7.21)

↓ Divorce Decree Sample

File Properties

Fact Name	Details
Document Purpose	This is a sample decree of divorce that outlines the terms of divorce, child support, and spousal support.
Governing Law	The decree is governed by the Ohio Revised Code, specifically Sections 3109.01, 3119.86, and related chapters.
Jurisdiction Requirements	The plaintiff must have resided in Ohio for at least six months and in Hamilton County for at least ninety days before filing.
Child Support Obligations	Child support payments are to be made through the Office of Child Support and are subject to a 2% processing fee.
Health Insurance Mandate	The parent responsible for health insurance must provide it if it costs 5% or less of their gross annual income.
Spousal Support Details	Spousal support amounts and duration are specified in the decree and may require court jurisdiction for modifications.
Property Division	The decree may include a provision for property division, either through a separation agreement or court decision.
Required Attachments	Various forms must accompany the decree, including child support worksheets and health care orders, depending on circumstances.

Instructions on Utilizing Divorce Decree Sample

Completing the Divorce Decree Sample form is an important step in finalizing a divorce. It requires careful attention to detail to ensure that all necessary information is accurately provided. Following these steps will help in filling out the form correctly.

Begin by entering the Case Number and File Number at the top of the form.
Insert the names of the Plaintiff and Defendant in the appropriate sections.
Fill in the Date of Hearing in the format of Month, Day, and Year.
Indicate whether the Plaintiff and Defendant were represented by counsel by choosing “was” or “was not” for each party.
State the grounds for divorce clearly in the designated area.
Provide the City and State where the marriage took place and the Date of Marriage.
List the number of children born of the marriage and their names along with their dates of birth.
Choose between “Plaintiff” or “Defendant” to indicate who is entitled to the divorce.
Indicate whether the attached agreement is a Separation Agreement or Agreed Entry.
Identify the residential parent and legal custodian of the minor child(ren) and name the non-residential parent.
Specify the monthly child support amount and the effective date for the support order.
State the amount and duration of any spousal support, including the start date and whether the court retains jurisdiction.
Choose the method of property division and provide necessary details.
Include the name to be restored for the Plaintiff if applicable.
Sign and date the form at the bottom, ensuring that all parties involved have also signed.

After completing the form, it is important to gather all required supporting documents. Ensure that you have the original form along with the necessary copies for submission. This will help facilitate the processing of the divorce decree in court.

Important Facts about Divorce Decree Sample

What is a Divorce Decree Sample form?

The Divorce Decree Sample form serves as a template for individuals going through a divorce. It outlines the essential components of a divorce decree, including custody arrangements, child support, spousal support, and property division. However, it is important to note that this is not a fill-in-the-blank form. Individuals must prepare their own decree based on their specific circumstances and agreements.

What information do I need to include in my Divorce Decree?

Your Divorce Decree should include details such as the names of both parties, the date of the marriage, and any children involved, including their names and birth dates. Additionally, you will need to state the grounds for divorce and whether spousal support or child support is to be paid. It's also necessary to outline any agreements regarding property division and custody arrangements. Make sure to include any attached documents, such as a Separation Agreement or child support worksheet, as they are integral to the decree.

How does child support work according to the Divorce Decree?

The Divorce Decree specifies the amount of child support to be paid, typically on a monthly basis, and may include a processing charge. It also outlines the obligations of the parent responsible for making these payments, known as the Obligor. Payments should be made through the Office of Child Support to ensure proper tracking and enforcement. The decree will also detail any circumstances under which the child support obligation continues beyond the child's eighteenth birthday.

What happens if I fail to comply with the Divorce Decree?

Failure to comply with the terms of the Divorce Decree can result in serious consequences. For example, if the Obligor does not make the required child support payments, they may face fines or even imprisonment for contempt of court. Additionally, non-compliance can lead to enforcement actions, including liens against property or the suspension of professional licenses. It is crucial to adhere to the decree to avoid these penalties.

Can I modify the Divorce Decree after it has been finalized?

Common mistakes

Filling out the Divorce Decree Sample form can be a complex task, and many individuals make common mistakes that can lead to delays or complications in the divorce process. One frequent error is failing to provide accurate information regarding residency. The form requires the plaintiff to confirm residency in Ohio for at least six months and in Hamilton County for at least ninety days. Omitting this information or providing incorrect details can jeopardize the court's jurisdiction.

Another common mistake involves the selection of options that are not consistent with the circumstances of the case. For example, the form asks the user to choose between “was” or “was not” represented by counsel. If a party was represented but mistakenly indicates otherwise, it could lead to questions about the validity of the proceedings. It is crucial to ensure that all selections accurately reflect the situation to avoid complications.

Additionally, individuals often overlook the requirement to specify the grounds for divorce. The form includes a section where the grounds must be clearly stated. Failing to provide this information can result in the court returning the form for corrections, prolonging the process. Clear and specific grounds are essential for the court to understand the basis for the divorce.

Another area where errors frequently occur is in the child support section. The form requires specific dollar amounts and the effective date for child support payments. Miscalculating the amount or failing to include the processing charge can lead to disputes later. It is important to double-check all figures and ensure that they align with any attached child support worksheets.

People also tend to neglect the necessity of attaching relevant documents. The Divorce Decree Sample form specifies that certain forms, such as the Child Support Worksheet and any Separation Agreement, must be included. Not providing these documents can result in the court rejecting the decree. Ensuring that all required forms are completed and submitted is vital for a smooth process.

Finally, failing to notify the Child Support Enforcement Agency of any changes in address or employment can have serious consequences. The form emphasizes the importance of keeping this information current. Ignoring this requirement can lead to fines or other legal repercussions, making it essential to stay informed and compliant with all obligations outlined in the decree.

Documents used along the form

When navigating the divorce process, various forms and documents accompany the Divorce Decree. Each serves a specific purpose in ensuring that the divorce is processed fairly and comprehensively. Below is a list of essential documents often used alongside the Divorce Decree.

Separation Agreement: This document outlines the terms agreed upon by both parties regarding asset division, child custody, and support obligations. It becomes part of the final divorce decree.
Child Support Worksheet: This form calculates the child support obligations based on the parents' income and expenses. It is essential for determining fair support amounts.
Standard Parenting Order: This order sets forth the parenting schedule and responsibilities for both parents regarding their children. It ensures clarity in co-parenting arrangements.
Health Care Order: This document specifies health insurance responsibilities for the children. It can vary depending on whether private health insurance is available.
Cash Medical Order: This order addresses medical expenses for the children that are not covered by insurance, ensuring that both parents contribute to these costs.
Final Decree of Shared Parenting: If applicable, this decree outlines the shared parenting arrangement approved by the court, detailing the responsibilities of each parent.
Support Account Data Form: This form collects information necessary for managing child support payments, ensuring that both parents have a clear understanding of their obligations.
IV-D Application: This application is used to establish or modify child support orders and is often required for cases involving public assistance.
Health Care Verification: If applicable, this form verifies the availability of health insurance for the children, ensuring compliance with support orders.

These documents collectively facilitate a smoother divorce process, helping to clarify responsibilities and protect the interests of all parties involved, especially the children. Understanding each document's role can significantly ease the transition during this challenging time.

Similar forms

Separation Agreement: This document outlines the terms agreed upon by both parties regarding the division of assets, debts, and other matters such as child custody and support. Similar to the Divorce Decree, it formalizes the decisions made during the divorce process.
Child Support Worksheet: This form calculates the amount of child support one parent is required to pay to the other. Like the Divorce Decree, it plays a critical role in determining financial responsibilities post-divorce.
Parenting Plan: A parenting plan details how parents will share responsibilities for their children. It is similar to the Divorce Decree as it establishes the framework for custody and visitation, ensuring the children's best interests are prioritized.
Final Decree of Shared Parenting: This document is used when parents agree to share custody of their children. It is akin to the Divorce Decree in that it legally recognizes the shared responsibilities of both parents.
Health Care Order: This order specifies which parent will provide health insurance for the children. It is similar to the Divorce Decree as it addresses ongoing responsibilities related to the children's welfare.
Cash Medical Order: This document outlines the financial responsibilities for medical expenses for the children. Like the Divorce Decree, it ensures clarity on financial obligations post-divorce.
Spousal Support Order: This order specifies the amount and duration of spousal support payments. It parallels the Divorce Decree by detailing the financial responsibilities of one spouse to the other after the divorce.
Magistrate’s Decision: This document may detail the findings and recommendations made by a magistrate during divorce proceedings. It is similar to the Divorce Decree in that it can influence the final terms of the divorce.
IV-D Application: This application is submitted for child support enforcement services. It shares similarities with the Divorce Decree as both aim to establish and enforce child support obligations.

Dos and Don'ts

When filling out the Divorce Decree Sample form, it is essential to follow certain guidelines to ensure accuracy and compliance. Below is a list of things to do and avoid:

Do ensure all names are spelled correctly, including both parties and children.
Do provide accurate dates for the marriage, hearing, and any relevant events.
Do include all required forms and documents as specified in the instructions.
Do review the completed form for any errors or omissions before submission.
Do keep copies of all submitted documents for your records.

Don't leave any sections blank; fill in all required fields.
Don't use informal language or abbreviations; maintain a formal tone throughout.
Don't forget to sign and date the form where indicated.
Don't submit the form without verifying that all necessary attachments are included.
Don't assume that the form is complete without a thorough review.

Misconceptions

Misconceptions about the Divorce Decree Sample form can lead to confusion regarding its purpose and usage. Below are five common misconceptions along with clarifications.

This form is a fill-in-the-blank template. Many believe the Divorce Decree Sample form is designed for direct completion. In reality, it serves as a reference document, not a fillable template. Individuals must create their own decree based on the sample's structure.
The form guarantees a favorable outcome in court. Some people assume that using this sample will ensure their divorce is granted. However, the form itself does not influence the court's decision. The outcome depends on various factors, including the specifics of each case and adherence to legal requirements.
All forms listed are mandatory for every divorce. There is a misconception that every form mentioned in the sample must be submitted in every divorce case. The necessity of additional forms, such as the Child Support Worksheet or Separation Agreement, varies based on individual circumstances.
The sample covers all possible divorce scenarios. Many think that the Divorce Decree Sample form addresses every possible situation related to divorce. However, it is a generalized example. Unique circumstances may require additional provisions or modifications not included in the sample.
Legal representation is not necessary if using this form. Some individuals believe that by using the Divorce Decree Sample form, they can navigate the divorce process without legal assistance. While the sample can provide guidance, consulting with a lawyer is advisable to ensure that all legal obligations are met and rights are protected.

Key takeaways

Filling out and using the Divorce Decree Sample form requires careful attention to detail. Here are key takeaways to consider:

Custom Preparation: This form is a sample and not a fill-in-the-blank template. You must prepare your own Decree based on your specific situation.
Jurisdiction Requirements: Ensure that you meet residency requirements. The plaintiff must have lived in Ohio for at least six months and in Hamilton County for at least ninety days prior to filing.
Incorporation of Agreements: Any attached Separation Agreement or Agreed Entry must be incorporated into the Decree. This means it becomes part of the court's order.
Child Support Obligations: Clearly state the amount of child support, effective date, and payment method. Be aware that payments must go through the Office of Child Support.
Health Insurance Provisions: The Decree should specify which parent will maintain health insurance for the children, including any conditions regarding affordability.
Property Distribution: Decide on the method of property division. Clearly outline whether each party retains their property or if it will be divided according to a Separation Agreement.

It is crucial to follow these guidelines closely to ensure that the Divorce Decree is valid and enforceable. Failure to do so may result in complications or delays in the divorce process.