Show All Answers

1. What types of cases are handled by the Domestic Relations Court?

The Domestic Relations Court has jurisdiction over ending marriages through divorce, dissolution, legal separation, or annulment. The Court has the authority to enforce its Orders even after the marriage ends.

The Court also has authority to issue Civil Protection Orders in cases where domestic violence or stalking has occurred.

2. Where is the Court located?

The Court is located in the Greene County Family Services Complex located at 595 Ledbetter Road, Xenia, OH 45385. Contact the Court at (937) 562-6249.

3. Where can I get copies of my court papers?

Contact the Greene Clerk of Courts Office, Domestic Relations Division, for copies of your paperwork. The Clerk is located in the Greene County Courthouse, 45 N. Detroit Street, Xenia, OH 45385. For additional information, call (937) 562-5290.

4. How can I find out my hearing date?

The Court sends out notices for hearings by regular mail. If you are unsure of your hearing date, you may contact the Court's Assignment Office at (937) 562-6245. You may also look up your court date by visiting the Greene County Clerk of Courts website, and using the CourtView program to search for your case.

5. I can’t come to court on the assigned hearing date. How do I get a new date?

You can ask the Court for a continuance by filing a Motion for Continuance. In your Motion, you must explain to the Court why you have good cause for not attending on the assigned date. Visit the Forms page for a Motion template.

Be aware that filing the Motion for Continuance does not guarantee your court date will be moved. It is your responsibility to follow-up with the Court to see if the motion was granted.

If your motion is granted, you will be mailed a new hearing date. If your motion is denied, the hearing will go forward as scheduled, even if you are not there.
Your Motion must be filed and served on the appropriate parties at least 7 days prior to your hearing.

6. Can I file my own court papers? If so, how?

You may file your own papers; however, it is recommended you hire an attorney. Contact the Greene County Bar Association or Dayton Bar Association for a referral. You may also contact Legal Aid of Western Ohio to see if you qualify for discounted or pro bono legal services.

If you choose to represent yourself and need paperwork, visit the Forms page and choose the paperwork that fits your needs. Visit the Self-Represented Parties page for more information on proceeding pro se.

Please note that Court personnel cannot provide legal advice.

7. Why can’t I talk to the Judge or Magistrate?

To ensure fairness and equal treatment, Judges and Magistrates are not permitted by their ethical rules to receive what are called ex parte communications—meaning visits, phone calls, or other forms of communication from just one side of a case.

8. What should I do if I moved or plan to move?

Review your paperwork and make sure you comply with any provisions that specifically address situations where a party plans to move.

You must also file either a Notice of Intent to Relocate or Notice of Current Address with the Greene County Clerk of Courts. Once you choose and complete the appropriate Notice, you must serve the other party with a copy. Visit the Forms page to access both Notices.

9. What is mediation?

Mediation is a confidential process in which both parties meet with a neutral, trained professional mediator. The parties and the mediator work together to reach agreements on the issues in their case. The mediator helps parties communicate and resolve issues about property, support, custody, parenting time, etc.

Mediation is confidential, meaning that nothing that is discussed in the mediation meeting can be testified to in court, and the mediator cannot be called as a witness.

If parties reach an agreement, the mediator writes out a Memorandum of Understanding (MOU) detailing the terms of the agreement. That MOU is then submitted to the court or to the attorneys for the parties. The parties also receive a copy.

10. What is service and why is it important?

Service is the process of informing a person that a legal action has been brought against them. Service is the delivery of the Plaintiff’s initial pleadings to the Defendant. The pleadings are the official documents that open a new court case. Service is also required when an old case is being reopened. The party reopening the case has an obligation to serve the opposing party.
As the Plaintiff in a case, you have an obligation to serve the Defendant in accordance with the Ohio Rules of Civil Procedure, specifically Rule 4. As the Defendant, you have the right to be served in accordance with the Civil Rules.
If the Court finds that service was not perfected (meaning service was not done in accordance with the Civil Rules), the case cannot be heard. The Court will require the Plaintiff to continue trying to serve the Defendant until the Court finds service was perfected.
Service is done by the Clerk of Courts. A set of Instructions must be filed with the Plaintiff’s initial paperwork detailing the name and address of the Defendant, as well as the chosen method of service. The Clerk of Courts will then serve the Defendant according to the Instructions.
The three most common methods of service are Certified Mail, Personal Service, and Regular Mail. Certified Mail is the most common method because a return with the recipient’s signature comes back to the Clerk of Courts, and gets filed in the case. The return tells the Court who signed for the mail, making it easier for the Court to determine whether service has been perfected. The cost for Certified Mail is added to the court costs in the case, which must be paid after the case is closed.
Personal Service is service done by sheriff who hand-delivers the pleadings to the Defendant. This method also makes it easier for the Court to determine whether service has been perfected because a return is provided and filed. Personal Service carries an additional $50 fee, which must be paid at the time of filing.
Regular Mail service is another option. Regular Mail service is sent like any other mail, and is delivered by the postal service. Initial paperwork opening a new case or reopening an old case cannot be served by Regular Mail. This method provides no return for the Court to verify service has been perfected, and returned mail can take up to 8 weeks to receive. Regular mail service is available after a case has already been opened or reopened. Motions and other documents can be served on the parties or parties’ attorneys via regular mail in an ongoing case. There is no additional charge up-front for Regular Mail service.

11. Do I need an attorney?

Yes. With the availability of quick answers on the Internet and websites peddling legal documents and advice, many people think they will save time and money by not hiring an attorney. However, it is always in your best interest to hire an attorney when you are involved in a legal matter.

Saving money by not hiring a lawyer now may cost you more than money later on.
If you choose to proceed pro se, you will be held to the same rules of law and standards of conduct as an attorney. The Court does not bend the rules for pro se litigants.

It is your right to represent yourself, however you should not do so without considering the potential consequences.

12. Who should I contact for a referral to an attorney?

You may contact any of the following organizations for assistance: Greene County Bar Association (937) 562-5040, Dayton Bar Association (937) 222-6102, or Legal Aid of Western Ohio (937) 228-8088

13. What if I can't afford an attorney?

Many people assume they cannot afford an attorney, but have never researched the actual cost of representation. Before you assume you cannot afford representation, contact local attorneys to see what representation will cost. You will likely find an attorney who either offers unbundled legal services or is willing to work out a payment plan. Contact the Greene County Bar Association or Dayton Bar Association for a referral to an attorney.

You may also seek assistance from Legal Aid of Western Ohio. Legal Aid accepts a limited number of clients, and you must meet their qualifications before they will accept your case. Contact Legal Aid at (937) 228-8088.