Judgment Entry Of Divorce (Children) (No Personal Jurisdiction) {H-251}

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO ____________________________________ PLAINTIFF vs. : : CASE NO. DR ________________________ JUDGE ______________________________ : ____________________________________ DEFENDANT : JUDGMENT ENTRY OF DIVORCE (CHILDREN) (No Personal Jurisdiction) This cause came on for hearing on the ______ day of _______________, 20____ and was duly Honorable ______________________________, Judge of the Domestic Relations heard before the Division of the Court of Common Pleas or Magistrate ______________________________to whom this cause was referred by the Honorable ______________________________, Judge of the Domestic Relations Division of the Court of Common Pleas, upon the Complaint of Plaintiff and the evidence, Defendant being in default of Answer or other pleading although duly served with process, according to law. The Court finds that Plaintiff was a resident of the State of Ohio for more than six (6) months immediately preceding the filing of the Complaint and venue is proper in this county. The Court further finds: (Check one of the following two boxes) Defendant was not a resident of the State of Ohio at any time during the marriage, did not live in the marital relationship with Plaintiff within the State of Ohio, and/or does not have real property in the State of Ohio; -OR- Service of process was perfected upon the Defendant by posting or publication; therefore, this Court is without personal jurisdiction over Defendant. The parties were married as alleged and there is/are ____ minor child(ren) of the marriage, to wit: Full name of each child(ren) _____________________________________________ _____________________________________________ _____________________________________________ The Court further finds that Plaintiff has established the cause of living separate and apart for one year without cohabitation, incompatibility, not denied, ________________________________________, and by reason thereof Plaintiff is entitled to a divorce. Date of Birth ___________________ ___________________ ___________________ H 251__ TP. .DOC (Revised 2/2012) American LegalNet, Inc. www.FormsWorkFlow.com 1 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby granted a divorce from Defendant and that the marriage contract heretofore existing between the parties is hereby dissolved and set aside. The Court finds that the minor child(ren) of the marriage reside with the Plaintiff and it is in their best interest that Plaintiff be designated as the residential parent and legal custodian of the child(ren). In determining the best interest(s) of the child(ren) in allocating parental rights and responsibilities, the Court has considered all relevant factors, including but not limited to, those factors set forth in Ohio Revised Code §3109.04(F). IT IS FURTHER ORDERED, ADJUDGED AND DECREED that parental rights and responsibilities are allocated primarily to Plaintiff who is hereby designated the residential parent and legal custodian of the minor child(ren). The parent who is not the residential parent, Defendant, shall complete the court-approved parenting seminar and then he/she may petition the court for parenting time. Journalization of this entry granting the divorce shall not be delayed due to Defendant's failure or delay in completing the court-approved parenting seminar for divorcing parents pursuant to Local Rule 34. The Court finds that it does not have jurisdiction to order child support since there is no personal jurisdiction over the Defendant. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there is no child support order from this Court. The Court finds that the "duration of the marriage" is from ____________ until ____________. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Defendant Plaintiff's Defendant's interest in the real property is hereby awarded as division of property located at __________________________________________________, the legal description of which is Plaintiff Defendant is attached as Exhibit _____ and incorporated herein as if fully rewritten. Plaintiff Defendant to said property within _____ days of ordered to execute a deed in favor of the journalization of this order. Upon his/her failure to do so, this decree shall operate as a conveyance thereof, and the Clerk is directed to certify so much as is necessary of this decree to effectuate such conveyance to the county fiscal officer and county recorder. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff (DOB: _______________) be and is hereby restored to her former name of ______________________________. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the costs of this proceeding shall be paid by Plaintiff. IT IS SO ORDERED. ______________________________________ MAGISTRATE ______________________________________ JUDGE ____________________________________ PLAINTIFF H 251__ TP. .DOC (Revised 2/2012) ____________________________________ ATTORNEY FOR PLAINTIFF 2 American LegalNet, Inc. www.FormsWorkFlow.com D-______________ Divorce w/Children (No Personal Jurisdiction)(H251) ___ Case number, names (Judge, Plaintiff, and Defendant) and the date of the hearing are correct. ___ Action upon Complaint of Plaintiff...Defendant in default of Answer or other pleading though duly served with process ___ Residency requirement of Plaintiff: Plaintiff resident of Ohio/6 Months and venue is proper in this county. ___ Defendant was not a resident of Ohio at anytime during the marriage, did not live in the marital relationship with Plaintiff in Ohio, and/or does not have real property in the State of Ohio [OR] Service of process was perfected upon Defendant by posting or publication, therefore Court is without personal jurisdiction over Defendant. ___ Number of child(ren) and the name(s) and DOB are completed. ___ Check the cause for divorce ___ Minor children reside with Plaintiff...Plaintiff designated as residential parent and legal custodian of the children per factors set forth in O.R.C. 3109.04(f). ___ No child support order from this Court. Court does not have personal jurisdiction over Defendant to order child support. ___ Check duration of the marriage ___ If Plaintiff owns real estate make sure that all the names are correct and that the legal description is attached. ___ Maiden name or prior name, if desired by wife, with dob. ___ Court costs shall be paid by Plaintiff. ___ JE is signed by Plaintiff and counsel,