HOW TO FILE AN ANSWER TO A DIVORCE COMPLAINT WITHOUT AN ATTORNEY-NO CHILDREN OF MARRIAGE

Transcription

1 HOW TO FILE AN ANSWER TO A DIVORCE COMPLAINT WITHOUT AN ATTORNEY-NO CHILDREN OF MARRIAGE As you know, our office will not be able to represent you in Court in the divorce filed against you. With our limited resources, we are not able to represent everyone who asks for our help. It is best, if you can afford it, to hire an attorney to help you. If you cannot afford an attorney, this packet can provide you with information on how to answer the divorce complaint so that you will have an opportunity to tell your side in Court. IT IS VERY IMPORT ANT THAT YOU ANSWER THE COMPLAINT AND THAT YOU ATTEND EVERY HEARING AND THAT YOU KEEP THE COURT AND YOUR SPOUSE'S ATTORNEY AWARE OF YOUR CURRENT ADDRESS. WE WILL NOT BE YOUR ATTORNEY IN THIS MATTER. The first page is usually the SUMMONS. It demands that you Answer the Complaint within 28 days after you are served with the Summons. YOU MUST FILE YOUR ANSWER WITHIN 28 DAYS AFTER YOU RECEIVED THE SUMMONS AND COMPLAINT. Immediately after the summons should be the Divorce Complaint against you. Read the Complaint carefully. If you do not answer the Complaint in writing within 28 days after you receive it, the Court may believe what the Complaint says is true and your spouse could get a divorce from you and get everything they have asked for from the Court. If you do not answer and do not go to the final hearing, then you will not get your day in Court. Again, it is very important that you keep the Court and your spouse's attorney informed regarding your current address so you will receive notification of all Court hearings. HOW TO PREPARE YOUR WRITTEN ANSWER Preparing a written Answer to the Complaint is easy. You should type or neatly write your Answer. Your answers tell the Court what you believe is wrong in the Complaint and what you would like the Court to do for you in the divorce. Blank lines have been provided in the attached Answer form for you to use. Go through the Complaint paragraph by paragraph to see if the Complaint says anything that you believe is wrong. For example, if the Complaint has the wrong marriage date, you should state in your Answer the correct date of marriage. Or if the Complaint says there are no debts from the marriage and you do not believe this is true, you should type or write in the blank lines of your Answer that there are debts from the marriage and list them. Finally, you should also write or type in your Answer what you would like the judge to do for you. Below are some things you may ask the judge to do for you: order your spouse to help support you including providing health insurance divide up the marital property (including debts)

2 order your spouse to pay some or all of the marital debts order your spouse to give you a part of any pensions or retirement benefits, if your spouse has a pension or retirement benefits give you back your maiden name At the end of your Answer, write your name, address, and phone number legibly. SIGN YOUR ANSWER. Complete the Certificate of Service by filling in the name and address of your spouse's attorney (or your spouse's name and address if your spouse is doing the divorce himlherself.) PLEASE NOTE: Some courts may require other documents to be filed with your Answer. If other documents are required by your court, those documents are included with this packet. One of these forms is the D.R. Form 2: PERSONAL HISTORY OF PARTIES TO DIVORCE, DISSOLUTION OR LEGAL SEPARATION. You should complete those documents and if they are required to be notarized, you must sign them in front of a notary. You will be copying, serving and filing those documents with your Answer in the same way and at the same time as your Answer. HOW TO SERVE AND TO FILE YOUR ANSWER AND ANY OTHER DOCUMENTS After you have prepared and signed your Answer and any other documents included, such as the D.R. Form 2: Personal History of Parties to Divorce, Dissolution or Legal Separation, you need to immediately make two (2) photocopies of all documents. You cannot handwrite your copies. That same day MAIL one set of these photocopies to the attorney who signed the Divorce Complaint against you. Although you do not have to mail the Answer by certified mail, you may want to ask the post office to provide you with a Certificate of Mailing, which proves you mailed the Answer on the date it was mailed, to the person to whom it was addressed. Within three (3) days of mailing one copy of all documents to the attorney who filed the complaint against you, you must take the original of your Answer and your remaining photocopies to the Clerk of the Common Pleas Court that served the papers on you. Be sure that you go to the Common Pleas Court where the Complaint was filed. Take the Complaint with you to the clerk's office and show it to the clerk to confirm that you are in the right place. Then give the clerk both your original Answer and all other documents along with your photocopies. Ask the clerk to file-stamp the original(s) and the copies and to give you a copy back of everything that you filed. The clerk will then keep the original(s), which will go into the Judge's file so that the Judge can read it. The file-stamped photocopies should be returned to you by the clerk. Keep your file-stamped copies in a safe place because it is your proof that you filed your Answer in the

3 place and on the date shown in the file stamp. It is like a receipt. IF THE CLERK REFUSES TO TAKE YOUR ANSWER, PLEASE CONTACT US IMMEDIATELY. After you are done with all of this, the Judge will have your Answer, the person who filed the complaint against you will have a copy of your Answer, and you will have a copy of your Answer with proof that you have filed the original with the Court. Everyone will know where you stand and what you want from the divorce. The Court will then keep you updated on what happens in your case, and the person who filed the complaint against you will know where to send any additional papers that he or she may file with the Court. You must keep the Court and the other side up-to-date on what your current address is and what your telephone number is, if you have a phone number. This is so that the Court and the other side can continue to communicate with you. If you move and do not tell the Court or the other side, they will not look for you. If any of the information you gave the Court in your answer changes, send another letter with the new information to the Clerk with the case number and parties' names and send a copy to the other side. Within sixty (60) days after filing the answer, you need to file and serve on the other side a D.R. Form 1: Affidavit of Income, Expenses and Property. The requirement to file a D.R. Form 1 can be waived if, before the expiration of the sixty (60) days, you and the other side tell the Court in writing that all outstanding issues have been resolved and ask for a final uncontested hearing date. Complete the entire form, initial each page at the bottom where indicated, and sign it at the end in front of a notary. IMPORTANT!! IF YOU ARE SENT ANY DOCUMENTS FROM THE COURT TO COMPLETE, YOU MUST DO SO BY THE TIME SPECIFIED. YOU MUST COOPERATE WITH ALL COURT REQUESTS. IF YOU RECEIVE ANY DOCUMENT WITH A NOTICE OF A HEARING, YOU SHOULD GO TO THAT HEARING. The Court may schedule your case for what is called a pre-trial hearing. This is an informal meeting with the Judge and the people involved in the case to see what issues in the divorce you and your spouse agree on and what issues you disagree on. The Judge will also decide how long the final hearing will take and what issues need to be decided. Seven (7) days before the pre-trial hearing you must file a pre-trial statement with the Court and send a copy of it to the other party. You need to review your spouse's pre-trial statement before you go to the pre-trial hearing. A Domestic Final Pre-trial Statement form is included in this packet. Eventually, the Court will schedule your case for a final divorce hearing. At that hearing you will have the opportunity to present witnesses (including yourself) and other evidence (such as copies of unpaid bills from the marriage or documents showing your spouse has a pension) about the statements in the complaint and about what you want from the divorce. After hearing

4 evidence from both sides and deciding what evidence is admissible and what is not, the Judge will render a decision. Sometimes, the Judge gives his or her decision "from the bench" immediately after the hearing, or he or she gives the decision later, after having an opportunity to think about the case. If, after you have followed all these steps, you learn that a decision has been rendered against you and you were not notified of the hearing and did not attend, please contact us immediately. Or if you believe the Court or your spouse acted improperly, give us a call right away. If the Court or the person who filed against you acted improperly and you were significantly hurt by their actions, we might be able to do something about that. If you have any questions or need any help completing these forms please give us a call. We hope the materials in this packet help you to enforce your rights and would appreciate your letting us know if you were successful in your efforts. GOOD LUCK!

5 COURT OF COMMON PLEAS JACKSON COUNTY, OHIO CASE NO. Plaintiff njdge -vs- DEFENDANT'S ANSWER Defendant I,, the Defendant, answer the Complaint as follows:

6 I ask the Court to: I swear that the infonnation contained in the foregoing Answer is true and correct to the best of my infonnation and belief. Pro Se (Street Address) (City and State) (Telephone Number) CERTIFICATE OF SERVICE A copy of this document was served upon Plaintiff or Plaintiffs attorney at the following address: by ordinary U.S. Mail, postage pre-paid, this day of (Your signature)

7 IN THE COMMON PLEAS COURT OF JACKSON COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS SSN SSN Plaintiff/Petitioner/Respondent Defendant/Petitioner/Respondent Case No. PERSONAL HISTORY OF PARTIES TO DIVORCE, DISSOLUTION OR LEGAL SEPARATION Date of Marriage _ Date of Separation_ Place of Marriage _ Which Party remains in home D Plaintiff D Defendant Type of Marriage D Ceremonial D Common Law Have there been actions previously filed to end this marriage? DYes D No If yes, where? _ When? ByWhom?_ Disposition: _ Is either party in the Military Service D Husband DWife Plaintiff/Defendant/Petitioner D.R. Form 2

8 COURT OF COMMON PLEAS JACKSON COUNTY, OHIO CASE NO. Plaintiff JUDGE -vs- DEFENDANT'S DOMESTIC FINAL PRE-TRIAL STATEMENT Defendant 1. Proposed Distribution of Property and Debts:

9 2. Custody and Visitation: A. Is there a dispute as to custody? _ Yes _No B. Who shall be the custodial parent and why. C. What visitation schedule the non-custodial parent will receive. D. If visitation for the non-custodial parent is to be other than the Court guidelines, then the parties shall specifically set forth a proposed visitation schedule and the reasons for it. 3. Child Support: A. The child support as calculated under the statutory guidelines: B. Are there any arrearages? _ Yes _ No If yes, the amount of arrearage is: $. This amount shall be paid off

10 by the DefendantlPlaintiff ( circle one) paying $ per week/month/year ( circle one) to the Child Support Enforcement Agency for this account. C. If there is a request for a deviation from the guideline support calculation, a recitation of the statutory factors which support such a deviation and the amount of the deviation shall be stated. 4. Stipulations: (List all agreements you and your spouse have made or expect to make.) 5. Spousal Support: (If you want the Court to award you spousal support, then provide the following information:) A. A proposed calculation showing that you have an economic need for spousal support and that your spouse has the economic ability to pay it.

11 B. How long do you want the spousal support award to last? C. What statutory factors and/or case law support a spousal support award to you? 6. Witness List: (List the names of the witnesses you expect to call at your trial) 7. Exhibits: (Copy and mark with letters starting with "A"all the documents that you want to give to the Court at your trial Make three (3) sets of copies, give one set to the other party, one set to the Court, and keep a set for yourself.)(list here the exhibits that you expect to use at trial: ) Exhibit Letter: Description of Document: A B C D E

12 Respectfully submitted, Pro Se (Street Address) (City and State) (Telephone Number) CERTIFICATE OF SERVICE A copy of this document was served upon Plaintiff or Plaintiff s attorney at the following address: by ordinary U.S. Mail, postage pre-paid, this day of : (Your signature)

13 IN THE COMMON PLEAS COURT OF JACKSON COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS DOB Address: Plaintiff/Petitioner/Respondent Address 1 Address 2 City State Zip Case No. DOB Address: Defendant/Petitioner/Respondent Address 1 Address 2 City State Zip Affidavit of Income, Expenses and Property of Date of Marriage Date of Separation Notes: This affidavit must be filed and served in accordance with Local Rules of Court. You will be required to provide proof of income per local rule and O.R.C You are under a continuing legal duty to file an updated version of this form if you learn of any additional information. If more space is needed, attach additional page(s). I. Income [As defined in O.R.C ]: A. Gross Yearly Income From Employment (If not known, please estimate. Put "EST' after each estimated figure.) Gross Yearly Employment Income HUSBAND/FATHER >~, ':,,,:t' WIFE/MOTHER Gross Yearly Employment Income Employer Employer Payroll Address Payroll Address Check the number of Paychecks per year Check the number of Paychecks per year o o Year-to-date Gross Income I Through date of Year-to-date Gross Income I Through date of Prior Year's Tax Refund Prior Year's Tax Refund INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 1 C.R. Form 1

14 B. Annual Overtime, Commissions, Bonuses (If not known, please estimate. Put "EST' after each estimated figure.) HUSBAND/FATHER WIFE/MOTHER Year 3 is Overtime, Commission, Year 3 is Overtime, Commission, Most Recent Base Income Bonuses Most Recent Base Income Bonuses Year Year Year 1 Year 1 Year 2 Year 2 Year 3 Year 3 Y-T-O Y-T-O This Year This Year Through: Through: C. Gross Self-Employment Income (If not known, please estimate. Put "EST" after each estimated figure.) Use Gross Annual Figures for Most Recent Full Year. Business Receipts HUSBAND/FATHER Business Receipts WIFE/MOTHER Ordinary & Necessary Business Expenses Ordinary & Necessary Business Expenses Net Business Income Net Business Income See O.R.C D. Other Income All other income, actual or expected, including pension, social security, workers compensations, commissions, royalties, disability benefits, trust income, annuities, reoccurring capital gains, unemployment benefits, rents, expense-sharing, dividends, interest, AFDC, SSI, food stamps, spousal support received from a prior spouse, etc. (If not known, please estimate. Put "EST" after each estimated figure.) HUSBAND/FATHER WIFE/MOTHER Amt Per Year Describe Amt Per Year Describe INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 2

15 ~ Benefits E. Total Annual Income HUSBAND/FATHER Total gross annual income Total average gross monthly income Average monthly deductions Total net monthly income WIFE/MOTHER Total gross annual income Total average gross monthly income Average monthly deductions Total net monthly income F. Benefits of Employment (Use of company car, country club memberships, stock options, etc.) HUSBAND/FATHER WIFE/MOTHER Values Benefits Values II. Information Required for Support Calculation: A. Minor or Dependent Children of this Marriage (Include adopted children and any child of the parties who is over 18 and handicapped) Child's Name Date of Birth Residing with B. Other Minor Children Living in My Household Child's Name Date of Birth Relationship C. Other Minor Children of Mine, Not Living in My Household Child's Name Date of Birth Residing with INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 3

16 III. Child Support Guideline Adjustment Court Ordered Child Support You Pay for Other Child(ren) in Another Case Court Ordered Spousal Support You Pay to a Former Spouse Number of Your Other Dependent Children Living With You From a e or Court Ordered Child Support You Receive for the Dependent Child{ren) You Indicated on Line Above Child Care Expenses You Pay for Child{ren) of this Marriage (Employment or Educational-Related) Local Income Taxes Paid or Rate of Tax where you Live or Work Self-Employment Tax (5.6% of A.G.!.) Health Insurance Premium for Children (Family Plan Cost Less Individual Plan Cost) use's me Number of Your Other Dependent Children Living With You From Your Present Marriage or Relationship IV. Affi~nt's Monthly Living Expenses: List your ACTUAL expenses for your present household in the first column. Give estimated expenses if you don't have exact figures. If you expect changes soon, list your ANTICIPATED expenses in your household after the divorce case in the second column. Explain why you expect your expenses to change. Also, if you are living with your parents or someone is helping you with your living expenses, please explain. There are now Adults and Children living in my present household. u~tnl()ri~blyl~peijsfilst. PieseillHouseh'ol(f I am assisted with my living expenses by: The reason I expect my household living expenses to change soon is: INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 4

17 Rent or First M"rtn"n<> Real Estate Taxes Real Estate Insurance Second ~~l"\rt""'nq UTILITIES: Water Softener Trash Collection Tel Cable Television Home Mainten Lawn... PIr\lIr p Snow Removal FOOD, ETC.: Grocery (include food, paper & cleaning products, toiletries, etc. Restaurant Transportation, ETC.: Car Loan or Lease Gasoline Car Maintenance & Re air Parkin,Public Transit INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 5

18 ' <!. CLOTHING, ETC.: Clothes Personal Groomin Other: Other: ". ). ' " " ;'Aci~~1, " < " '.' :;\, M,;';::;'!: A~ticip~ted ' ;:" Child Care, Work or Educational Related Clothing School Lunches Children's Allowances Extra-Curricular Activities Other: "",,' ;:~!~{A,'l':Z;~','" \~Chilc:l~Related ElCtpenses Total tt~><,~;' )f~*~~1~;~~i:::1;~~~~~;!i~:;:~t"~{~,.'.:':' C"" Tuition Books Fees Tutor Activities INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 6

19 Doctor Dentist Optical Orthodontist Prescriptions Life Auto Health Disability COBRA Insurance Coverage Personal Property Other: Entertainment Lessons Books, Newspapers, Magazines INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 7

20 Sorts Clubs Hobbies Donations Gifts Vacation ACTUAL ANTICIPATED INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 8

21 AFFIDAVIT OF PROPERTY List ALL YOUR PROPERTY AND DEBTS, those of your spouse, and joint property and debts. Do not leave any category blank. For each item, if none, put "NONE." If you don't know exact figures for any item, give your best estimate, and put "EST'. If more space is needed, attach extra pages. I. Real Estate Interest, ~ '):'~ ;, ': -;':Addres~_"< - -' Titled to Husband, ~~Wife'or Both - PresElnt fair";' Mortgages: Balance- MarketValue':,-" ':'Due Monthly Mortgage Payment A. B. II. Other Assets A;: 'Vehicles; Other (Include automobiles, trucks, motorcycles, :.". c" Licensed Property 'boats, motors, motor homes, etc) '. _.. B. Financial. Accounts C. Pension & Retirement Plans D. Publicly Held Stocks, Bonds,. Secur.ities & Mutual:;:' Funds -' < Include checking, savings, CD's, POD. accounts, mon~_ market accounts etc.}. (Include profit~sharing, IRA's, 401 K plans,.- etc. Describe each type of plan.) -, INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 9

22 "(Dei~ribe type 'of b'~siness and type'hl '..' '. ownershill'). '. F. Life Insurance (Include insurance provided by employer, term, whole life, any cash value or loans) G. Furniture & Appliances. (Estimate value of those in your' possession, and value of those in your spouse's possession.) 1.1n Your Possession 2.1n Spouse's Possession H.Safe Deposit Box. (Give location and describecontents). I. All Other Assets (Include collections, rare books, stamps, guns,antiques, art objects, computers~ machinery, personal injurylworkers compensation claims, promissory 110tes, to others, tax refunds due, interest in estates or trusts, franchises,copyrights, etc.)... J. Explanation: List the name and address of Clny person [other t~an creditors listed on your Affidavit] w~o has received money or.. property from you exceeding$100ill value.. in the past 12months arid the reason for. each trarlsfer. '::wi. "~"l'lf" INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 10

23 1. 2. K. ',' Lost Assets " EXpiallation~:list any item' you clalm"islost or missing as of this date and its value. '., ',,",-:','".,',,,'", ", "", ""'". c',": III. Debts: List ALL YOUR DEBTS, debts of your spouse, and joint debts, Do not leave any category blank. For each item, if none, put "NONE". If you don't know exact figures for any item, give your best estimate, and put "EST." If more space is needed, attach extra pages., Type''''). ", ;<I~>\~~ame of Creditor/Purpos,e of ~ebt:,', Total Debt Due,Monthly Payment.,' '. "''';".' '>':':ii<"~':'- it,"" ',.. ',.<'.',',;":".'. ",~{" ".:,,:,.,:.\::,','", ',:t,' A. Secured debts (Mortgages, car, etc.) '.... ".' " B. ;",': Unsecured debts ".',.', In~luding credit c::'ards ".,., " ",,: '.. l IV Bankruptcy:. " Filed by:.' Wife, Dated of Filing " Dated Discharge or "',Type of Case,.: Current. Monthly. Husband/Both " Case Number Relief from' Stay".' (Chapter 7, 11, 12,13) Payments,. :" Z' '.," " " ',', '.. INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 11

24 v. Separate Property Claims: [As defined in O.R.C (A)(6)(a)] If you are making any claims in any of the categories below, explain the nature and amount of your claim. INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 12

25 OATH OF AFFIANT I, (print) hereby swear or affirm that the information 'set forth in this Affidavit of Income, Expenses, and Property above is true, complete, and accurate. I understand that falsification of this document may result in a contempt of court finding against me which could result in a jail sentence and fine, and that falsification of this document may also subject me to criminal penalties for perjury (O.R.C ). AFFIANT Sworn to and subscribed before me this day of Notary Public INITIALED FINANCIAL DISCLOSURE AFFIDAVIT Page 13