Court Findings vs Court Orders

[AuburnAngl]

What is the name of your state? Ohio

Does anyone know what happens when something is listed under "The Court Finds" in a divorce decree, BUT isn't listed under "The Court Orders"? Would there be an argument of whether or not the issue wasn't settled? Would we need to go back to court to make it an order?

I will admit that this is more a divorce issue, but thought that other people may benefit with knowing the difference in a decree.

 

[Boxcarbill]

What is the name of your state? Ohio

Does anyone know what happens when something is listed under "The Court Finds" in a divorce decree, BUT isn't listed under "The Court Orders"? Would there be an argument of whether or not the issue wasn't settled? Would we need to go back to court to make it an order?

I will admit that this is more a divorce issue, but thought that other people may benefit with knowing the difference in a decree.

Findings are determinations of the facts. The order is the determination based on those facts (findings). So if there is a finding, the court has addressed the issue in that hearing.

 

[AuburnAngl]

Thanks BCB for the information.

Am I right in understanding that:
If the court doesn't list an issue under the "orders" portion of the decree, then it is still an open issue to be "ordered".

Please correct me if I am wrong I just want to make sure I understaood you correctly.

Thanks Again!

 

[Boxcarbill]

Thanks BCB for the information.

Am I right in understanding that:
If the court doesn't list an issue under the "orders" portion of the decree, then it is still an open issue to be "ordered".

Please correct me if I am wrong I just want to make sure I understaood you correctly.

Thanks Again!

I'm saying that the court "findings" deals with what the court finds that the facts to be. Orders state the relief granted. As to an issue not being addressed, there should be a sentence like this in the decree/ order:

IT IS ORDERED AND DECREED that all relief requested in this cause and not expressly granted is denied.

If you have any doubt, file a Motion for Clarification but for an order to be a final order as opposed to a temporary order, the order must dispose of all issues pending before the court.

 

[AuburnAngl]

Thanks again, BCB. I understand completely now. I appreciate your info.