Rule 75. Divorce, Annulment, and Legal Separation Actions

Divorce, Annulment, and Legal Separation Actions.

(A)

Applicability

The Rules of Civil Procedure shall apply in actions for divorce, annulment, legal

separation, and related proceedings, with the modifications or exceptions set forth in this

rule.

(B)

Joinder of parties

Civ.R. 14, 19, 19.1, and 24 shall not apply in divorce, annulment, or legal separation

actions, however:

(1)

A person or corporation having possession of, control of, or claiming an

interest in property, whether real, personal, or mixed, out of which a party

seeks a division of marital property, a distributive award, or an award of

spousal support or other support, may be made a party defendant;

(2)

When it is essential to protect the interests of a child, the court may join

the child of the parties as a party defendant and appoint a guardian ad

litem and legal counsel, if necessary, for the child and tax the costs;

(3)

The court may make any person or agency claiming to have an interest in

or rights to a child by rule or statute, including but not limited to R.C.

3109.04 and R.C. 3109.051, a party defendant;

(4)

When child support is ordered, the court, on its own motion or that of an

interested person, after notice to the party ordered to pay child support and

to his or her employer, may make the employer a party defendant.

(C)

Trial by court or magistrate

In proceedings under this rule there shall be no right to trial by jury. All issues may be

heard either by the court or by a magistrate as the court on the request of any party or on

its own motion, may direct. Civ.R. 53 shall apply to all cases or issues directed to be heard

by a magistrate.

(D)

Investigation

r, may make the employer a party defendant.

(C)

Trial by court or magistrate

In proceedings under this rule there shall be no right to trial by jury. All issues may be

heard either by the court or by a magistrate as the court on the request of any party or on

its own motion, may direct. Civ.R. 53 shall apply to all cases or issues directed to be heard

by a magistrate.

(D)

Investigation

On the filing of a complaint for divorce, annulment, or legal separation, where minor

children are involved, or on the filing of a motion for the modification of a decree allocating

parental rights and responsibilities for the care of children, the court may cause an

investigation to be made as to the character, family relations, past conduct, earning ability,

and financial worth of the parties to the action. The report of the investigation shall be

made available to either party or their counsel of record upon written request not less than

seven days before trial. The report shall be signed by the investigator and the investigator

shall be subject to cross-examination by either party concerning the contents of the report.

The court may tax as costs all or any part of the expenses for each investigation.

(E)

Subpoena where custody involved

In any case involving the allocation of parental rights and responsibilities for the care of

children, the court, on its own motion, may cite a party to the action from any point within

the state to appear in court and testify.

(F)

Judgment

The provisions of Civ.R. 55 shall not apply in actions for divorce, annulment, legal

separation, or civil protection orders. For purposes of Civ.R. 54(B), the court shall not

enter final judgment as to a claim for divorce, dissolution of marriage, annulment, or legal

separation unless one of the following applies:

om any point within

the state to appear in court and testify.

(F)

Judgment

The provisions of Civ.R. 55 shall not apply in actions for divorce, annulment, legal

separation, or civil protection orders. For purposes of Civ.R. 54(B), the court shall not

enter final judgment as to a claim for divorce, dissolution of marriage, annulment, or legal

separation unless one of the following applies:

(1)

The judgment also divides the property of the parties, determines the

appropriateness of an order of spousal support, and, where applicable, either

allocates parental rights and responsibilities, including payment of child

support, between the parties or orders shared parenting of minor children;

(2)

Issues of property division, spousal support, and allocation of parental rights

and responsibilities or shared parenting have been finally determined in

orders, previously entered by the court, that are incorporated into the

judgment;

(3)

The court includes in the judgment the express determination required by

Civ.R. 54(B) and a final determination that either of the following applies:

(a)

The court lacks jurisdiction to determine such issues;

(b)

In a legal separation action, the division of the property of

the parties would be inappropriate at that time.

(G)

Civil protection order

A claim for a civil protection order based upon an allegation of domestic violence shall be

a separate claim from a claim for divorce, dissolution of marriage, annulment, or legal

separation.

(H)

Relief pending appeal

A motion to modify, pending appeal, either a decree allocating parental rights and

responsibilities for the care of children, a spousal or other support order, shall be made to

the trial court in the first instance, whether made before or after a notice of appeal is filed.

The trial court may grant relief upon terms as to bond or otherwise as it considers proper

(H)

Relief pending appeal

A motion to modify, pending appeal, either a decree allocating parental rights and

responsibilities for the care of children, a spousal or other support order, shall be made to

the trial court in the first instance, whether made before or after a notice of appeal is filed.

The trial court may grant relief upon terms as to bond or otherwise as it considers proper

for the security of the rights of the adverse party and in the best interests of the children

involved. Civ.R. 62(B) does not apply to orders allocating parental rights and

responsibilities for the care of children or a spousal or other support order. An order

entered upon motion under this rule may be vacated or modified by the appellate court.

The appellate court has authority to enter like orders pending appeal, but an application to

the appellate court for relief shall disclose what has occurred in the trial court regarding the

relief.

(I)

Temporary restraining orders

(1)

Restraining order: exclusion

The provisions of Civ.R. 65(A) shall not apply in divorce, annulment, or legal

separation actions.

(2)

Restraining order: grounds, procedure

When it is made to appear to the court by affidavit of a party sworn to absolutely

that a party is about to dispose of or encumber property, or any part thereof of

property, so as to defeat another party in obtaining an equitable division of marital

property, a distributive award, or spousal or other support, or that a party to the

action or a child of any party is about to suffer physical abuse, annoyance, or bodily

injury by the other party, the court may allow a temporary restraining order, with

or without bond, to prevent that action. A temporary restraining order may be

issued without notice and shall remain in force during the pendency of the action

unless the court or magistrate otherwise orders.

(J)

Continuing jurisdiction

ild of any party is about to suffer physical abuse, annoyance, or bodily

injury by the other party, the court may allow a temporary restraining order, with

or without bond, to prevent that action. A temporary restraining order may be

issued without notice and shall remain in force during the pendency of the action

unless the court or magistrate otherwise orders.

(J)

Continuing jurisdiction

The continuing jurisdiction of the court shall be invoked by motion filed in the original

action, notice of which shall be served in the manner provided for the service of process

under Civ.R. 4 to 4.6. When the continuing jurisdiction of the court is invoked pursuant to

this division, the discovery procedures set forth in Civ.R. 26 to 37 shall apply.

(K)

Hearing

No action for divorce, annulment, or legal separation may be heard and decided until the

expiration of forty-two days after the service of process or twenty-eight days after the last

publication of notice of the complaint, and no action for divorce, annulment, or legal

separation shall be heard and decided earlier than twenty-eight days after the service of a

counterclaim, which under this rule may be designated a cross-complaint, unless the

plaintiff files a written waiver of the twenty-eight day period.

(L)

Notice of trial

In all cases where there is no counsel of record for the adverse party, the court shall give

the adverse party notice of the trial upon the merits. The notice shall be made by regular

mail to the party's last known address, and shall be mailed at least seven days prior to the

commencement of trial.

(M)

Testimony

files a written waiver of the twenty-eight day period.

(L)

Notice of trial

In all cases where there is no counsel of record for the adverse party, the court shall give

the adverse party notice of the trial upon the merits. The notice shall be made by regular

mail to the party's last known address, and shall be mailed at least seven days prior to the

commencement of trial.

(M)

Testimony

Judgment for divorce, annulment, or legal separation shall not be granted upon the

testimony or admission of a party not supported by other credible evidence. No admission

shall be received that the court has reason to believe was obtained by fraud, connivance,

coercion, or other improper means. The parties, notwithstanding their marital relations,

shall be competent to testify in the proceeding to the same extent as other witnesses.

(N)

Temporary orders of spousal support, child support, and custody

(1)

When requested in the complaint, answer, or counterclaim, or by motion served

with the pleading, upon satisfactory proof by affidavit duly filed with the clerk of

the court, the court or magistrate, without oral hearing and for good cause shown,

may grant a temporary order regarding spousal support to either of the parties for

the party's sustenance and expenses during the suit and may make a temporary order

regarding the support, maintenance, and allocation of parental rights and

responsibilities for the care of children of the marriage, whether natural or adopted,

during the pendency of the action for divorce, annulment, or legal separation.

a temporary order regarding spousal support to either of the parties for

the party's sustenance and expenses during the suit and may make a temporary order

regarding the support, maintenance, and allocation of parental rights and

responsibilities for the care of children of the marriage, whether natural or adopted,

during the pendency of the action for divorce, annulment, or legal separation.

(2)

Counter affidavits may be filed by the other party within fourteen days from the

service of the complaint, answer, counterclaim, or motion, all affidavits to be used

by the court or magistrate in making a temporary spousal support order, child

support order, and order allocating parental rights and responsibilities for the care

of children. Upon request, in writing, after any temporary spousal support, child

support, or order allocating parental rights and responsibilities for the care of

children is journalized, the court shall grant the party so requesting an oral hearing

within twenty-eight days to modify the temporary order. A request for oral hearing

shall not suspend or delay the commencement of spousal support or other support

payments previously ordered or change the allocation of parental rights and

responsibilities until the order is modified by journal entry after the oral hearing.

(O)

Delay of decree

When a party who is entitled to a decree of divorce or annulment is ordered to pay spousal

support or child support for a child not in his or her custody, or to deliver a child to the

party to whom parental rights and responsibilities for the care of the child are allocated, the

court may delay entering a decree for divorce or annulment until the party, to the

satisfaction of the court, secures the payment of the spousal support or the child support

for the child, or delivers custody of the child to the party to whom parental rights and

responsibilities are allocated.

(P)

Dismissal of domestic relations actions

ilities for the care of the child are allocated, the

court may delay entering a decree for divorce or annulment until the party, to the

satisfaction of the court, secures the payment of the spousal support or the child support

for the child, or delivers custody of the child to the party to whom parental rights and

responsibilities are allocated.

(P)

Dismissal of domestic relations actions

Notwithstanding Civ.R. 41, any dismissal of a divorce, dissolution, annulment, or legal

separation action by a court or party, other than a denial on the merits, shall not operate as

an adjudication of the merits or a bar to a subsequent filing of the action.

1, 1997; July 1, 1998; July 1, 2001; July 1, 2014; July 1, 2018; July 1, 2023