1. Trumbull County Family Law Workshops
Divorce without Children

2. Program Objectives This workshop is designed to help you:
Complete the forms required for your case
Understand court procedures and issues you may face during your case
Prepare for your hearing/s
Understand the risk of managing a complex or contested case without the help of an attorney
Covered by paralegal

3. Education not Representation
Volunteer CAN NOT answer direct questions about YOUR case
Does volunteer represent other party in case?
You are not represented by Legal Aid OR the attorney that leads the Workshop
Review content of notification that was signed on the Intake Form
You can apply for Legal Aid assistance – ask for application
Seek legal counsel for complex issues or highly contested cases
Trumbull County Bar Association at (330)
Covered by paralegal

4. Packets
Left side features educational material and information on community resources.
Please review on your own. Information will help you manage your case.
Right side
Document checklist – stamped at end of workshop (turn in when filing forms)
Court forms – some may not be required based on your case needs
Affidavits – DO NOT SIGN until meeting with Notary; sworn statement (oath)
Covered by paralegal

5. Divorce without Children Basics
Must meet certain requirements:
Parties have no minor children of the marriage/relationship
Parties do not have adult children of the marriage/relationship who are mentally or physically disabled and incapable of supporting or maintaining themselves
Wife not currently pregnant with child conceived during the marriage
Parties whose minor children were born prior to the marriage and are NOT biologically related to both marital parties
Paternity is established on any child born during the marriage who is not biologically related to the father
When is it a “Divorce without Children?” – touch on issues of children born not part of relationship; wife is pregnant, etc.

6. Divorce or Dissolution
No “grounds” needed, both parties agree to end marriage.
Parties must both sign petition and agreement that addresses property/asset division, assignment of debt, support issues, etc.
BOTH parties MUST attend final hearing or case will be dismissed.
If it becomes contested, parties will need to begin anew with a divorce action.
State a “grounds” or reason for divorce.
Only one party required to file action.
Case can still be “agreed” upon by parties but it does not run the risk of dismissal if agreement is not reached.
Both petition the court to end the marriage contract. Workshop only deals with filing a divorce. Dissolution paperwork is included but must be competed on their own – both parties will need to sign and both parties will need to attend final hearing. Because a case will be dismissed if parties do not reach agreement or one party fails to show at final hearing, we recommend participants file divorce action instead.

7. Jurisdiction of Trumbull County Family Court
You can file in Trumbull County Family Court if you meet the following requirements:
You have resided in the State of Ohio for six months or longer.
You, or the other party, have been a resident of Trumbull County for the last 90 days.
Discuss who can file in Trumbull. Residency requirements.

8. What is MY Role in the Case?
Plaintiff/Petitioner
Defendant/Respondent
The person bringing the court action.
If you are the first to petition the court (file) for a divorce, it will be YOU.
The person expected to provide evidence.
The person who files the initial paperwork (Complaint).
The person whom the case is filed against.
This may be you IF the other party has already filed a complaint for divorce.
The person who may respond to, or “Answer” the complaint for divorce.
The person who may submit a “Counter-claim for Divorce.”
Usually paralegal will identify IF anyone is a defendant/respondent beforehand. However, please ask if anyone is a Defendant so we can be sure they have that packet. If someone is present who is defendant/respondent, please cover the answer and counterclaim forms. Otherwise these can be skipped.

9. Divorce/Dissolution 101 It’s ALL About the Forms
To file for a dissolution, a divorce, or to respond to a divorce action, you must complete and submit certain documents to the Court.
These items are listed on your “Document Checklist”.
You must complete ALL the forms required for your case!
Packets should have forms required for the type of case they indicated. Advise attendants that we will meet with each one individually at the end of the workshop to ensure they have a complete packet of papers. If they complete the forms today and are able to have them notarized, they can file after the workshop.

10. Procedures 101 When filling out forms: Print neatly
Be complete – provide an answer for each question
Be complete – fill out ALL the forms required
Be honest and accurate
Do not sign affidavits until meeting with Notary
Notary is available today IF you have proper identification
Explain that forms need to be completed properly and accurately. Explain that in most cases, they should not leave a numbered question blank but should check appropriate box. Ask them not to sign unless paralegal told them it’s okay to sign today as they had required id.

11. The Caption – Common Heading on Court Forms
The “Caption” refers to the top portion of Court forms and often includes the following:
Court Division (Domestic Relations) and County
Plaintiff – filing new action
Defendant – responding to a filed action
Case Number and Judge/Magistrate – not known yet in new cases
Explain that most forms they complete during workshop will have some general outline of this caption. (Repetition) Indicate that they need to complete this caption on each form!

12. Complaint- Use to File a New Case If filling a Dissolution use “Petition for Dissolution without Children”
Complaint – New Case
Key Points
Provide accurate information
Complete each number as required
You must select a box, etc. More than one answer is possible.
#5 – Grounds
#6 – Property, Support and Other Requests.
Guide participants through completion of complaint. Remind them to check a box or fill in the answer as appropriate for each number. If needed, remind participants that you can not tell them WHICH box to select but do offer some general explanation on what is meant by possible responses.

13. Order and Notice Required – both divorce or dissolution
Serves as a Restraining Order and Notice.
Sets boundaries on behavior during divorce or dissolution proceedings.
Court can find you in contempt if this order is violated.
Punishable in Accordance to Ohio Law
Review and explain purpose. Emphasize the importance of abiding (following) the order. Guide in completion.

14. Instructions for Service - Required - Not needed for Dissolutions
“Service” refers to the other party receiving notice of a court filing.
“Service” must be accomplished in order for case to proceed.
You will need a valid address of other party. If you don’t have a good address for the other party you can Publish or Post a notice.
First attempt certified mail at last known address
If you have trouble getting the other party served, check the client packet for more information on other types of service
Guide participants to complete service request and indicate form/s that should be served. Explain what service is and why it is important. Their packet has additional information on what to do to ensure service is performed prior to court hearing. Legal Aid eligible clients may be able to get additional assistance with posting procedures.

15. Judgment Entry Granting Divorce – Required -Dissolutions use Separation Agreement and Judgment Entry Granting Dissolution
As part of this Workshop, you will draft a “proposed” Judgment Entry to submit to the court at final hearing.
Be sure you can present evidence to support grounds for divorce.
Starting on page 4 “Judgment” -
You are asking the Court to make specific decisions in regards to: division of property, responsibility for debts, spousal support, and other orders.
Be prepared with evidence of assets, income, debt, etc.
Follow your judgment entry outline to ensure you discuss all relevant items.
Guide participants through completion of Judgment Entry including caption and “judgment” starting on page 4.- but not the “findings”. Explain that this document can be prepared now, but is not submitted (filed) to Court until time of hearing. Complete caption and pages As they are completing give a brief explanation of key sections. (Use next two slides to touch on key issues). Spend about 15 minutes explaining key items and inviting participants to complete what they can.

16. Division of Property and Debt
Equitable Division of Marital Property
Real Estate Issues
Pension Issues
Who will be responsible for paying which debts
Can assigned debt can be discharged through bankruptcy
Please read the handout “FTC Facts for Consumers” in your client packet for important information concerning debt and divorce.
STRESS that it is highly recommended that couples with property, assets and/or pensions should retain an attorney to determine equitable division and create/file any additional court forms needed to secure proper court orders.

17. Support and Other Orders
When does Court order support
How is the amount determined
Termination of Support
Taxes and Support
Name Change, Court Cost, Other Misc. Orders
Give general educational information about these items. You can stress that if support is an issue they may want to seek an attorney.

18. Discovery – Getting Information You Need to Know
At your hearing you may need to present proof of income, assets, debt, etc.
The other party may not provide you with information about their income, employer benefits, or other assets.
You need this information from the other party if your case involves Support and/or Division of Marital Property Issue – such as a pension. (If this is the case you may want to hire an attorney.)
This workshop provides one possible example of gathering that information.
At this point we cover a couple of “optional” forms that participants may need. Explain why they may need to use the following documents during proceedings. (To gather income and benefit information of other party)

19. Discovery Continued - Optional
Ask if anyone believes they need to complete these. If “yes” provide some additional instruction.

20. Motion and Affidavit for Temporary Orders with Notice of Hearing -Optional
Not necessary in all cases
Sets “boundaries” while case is being heard.
Support issues
Payment of debts and expenses during divorce
Includes an “affidavit” so do not sign until before a Notary
Explain why someone may choose to file this motion and affidavit. Explain that some participants may not feel the need to file this. Ask if anyone wishes to complete. If any participant believes they need to complete this document, please go over it in more detail.

21. Key Considerations
Legal representation is always recommended. In some cases, it is STRONGLY encouraged you retain an attorney.
A case is heavily contested,
There are complex property division issues,
Support needs to be established,
One party has a pension.
Open for form related and procedural questions only.

22. Short Break After break we will:
Complete the Affidavit packet that is REQUIRED when filing your case
Guide you in preparing for court
Direct you on filing your paperwork
Review your packets
Break should be no longer than ten minutes.

23. Affidavits
Signed statement under oath attesting to the accuracy of the facts presented on the document.
Remember you are under OATH
DO NOT LEAVE BLANKS – write “0”, “N/A”, or draw a line through sections that don’t apply to you.
DO NOT sign them unless in the presence of a Notary Public.
Paralegal can notarize IF participant has a valid (non-expired) license and/or state ID.
Once notarized you can not make changes or additions to the Affidavit.
Clients will next several affidavits. The poverty affidavit, Property Affidavit, and Income and Expense Affidavit. Give a brief overview of the purpose of each affidavit.

24. Poverty Affidavit - Optional
There is a cost to file a divorce or dissolution action.
Trumbull - $251.00
In some instances, the Court may postpone payment and allow the case to proceed.
A Poverty Affidavit is required to ask the Court to postpone court filing fees.
If denied, you will need to pay fees up front.
Indicate that this is an optional item.

25. Affidavit of Property – Required Dissolution – One for each party or use Joint Affidavit of Property
List all property and indicate who owns it (self, spouse, joint).
List all debts and indicate who is responsible for payment (self, spouse, joint).
If exact dollar figure is not known, write your best estimate and write “EST” next to item.
Equity - the money value of a property or of an interest in a property in excess of claims or liens against it
Stress that this form MUST be completed and submitted when filed. If it is a dissolution, each party must complete separate form OR complete the Joint Affidavit of Property. Explain how to determine who owns asset/property, who is responsible for debt, concepts like fair market value and equity. Allow about 10 minutes to complete.

26. Affidavit of Income and Expenses – Required Dissolution – Each Party Must Complete One
You are only reporting YOUR income and expenses.
Draw line through the other party’s side on pages 1 and 2
Add up your total yearly income – page Income Sections A and B on pages 1 and 2.
Add totals for sections A – H and Grand Total of Monthly Expenses on bottom of page 6.
Guide through completion. Stress that they should not leave blanks but write “0” or draw a line through any items that don’t apply. Use “Est.” when estimating an amount. Allow about 15 minutes for completion before moving on.

27. What Next
Complete REQUIRED FORMS and any optional forms relevant to your case
Notarize Affidavits if not completed and/or notarized during workshop.
Have Paralegal review documents and stamp your document checklist indicating to Court you attended this workshop
File ALL Paperwork (except Judgment Entry) at Trumbull County Family Court Clerk of Courts.
Include your Stamped “Document Checklist”
Prepare for Hearing/s
Read additional information in Workshop Packet to Prepare for Court
Make sure you follow up with the Court to ensure the other party was served notice of your case

28. Courtroom Manners
Be on Time – Plan to show up 15 minutes before scheduled hearing
Dress Appropriately - No shorts, jeans, tank tops or flip flops
Use proper titles when addressing Court personnel - Your Honor, Judge or Magistrate
BE PREPARED AND ORGANIZED
Be prepared for your hearing – use Case Presentation Form as a guide
Bring witness
Submit the Proposed Judgment Entry (at final hearing)
Be able to provide relevant documentation proving income, assets, debt, etc.
Have three copies of each document (one for Court, other party, and yourself)
This is last slide that attorney presents. Volunteer can leave now, or stay around to mingle, but absolutely should not answer any case specific questions from participants.

29. Post Workshop Procedures
Remember – You are NOT represented by Legal Aid or the Attorney presenting this Workshop.
Complete required documents – have items reviewed by paralegal. Get Document Checklist stamped to turn in with papers when filing your case.
Complete Post-Workshop Survey located on other side of Pre- Workshop Survey. Turn in survey and unused court forms to Paralegal.
You will have about 15 minutes to complete any required forms that you may not have finished during presentation.
Thank volunteer, and attendees. Have them complete post workshop survey.