Divorce procedures in Ohio or in any other places are something that no married couple dreams to do before they start there married life. Getting married is one of the most sought after event in the life of every couple. Marriage binds two people in a commitment of loving each other, taking care of each other, accepting each other flaws and most importantly, staying in each other’s side regardless of what circumstances they may face. However, not all marriage ends up successful and more and more couples are filing for a divorce for different reasons. Whatever the reason is, more couples opted to separate ways even after how many years of getting married. Though divorce does not choose its recipient’s, as long as anyone from the couple filed for it then the case will push through. Regardless of the length of the couple’s marriage or how many children’s do they have, the law gives any individual the right to end their marriage if they are not happy about it or for whatsoever reasons they may have. Of course, there would always be grounds and limitations for it and it takes a long process to have a divorce. The state of Ohio, just like other states, has their own process for filing for a divorce and to those who seek information’s about it, here are some of the divorce procedures in Ohio that you need to remember.
Things to Remember for Filing a Divorce in Ohio
- You must be a legal resident of Ohio. For someone to be eligible in filing a divorce on Ohio you should be resident in Ohio for at least 6 months and either of the spouses should be residing in the county where you will file for divorce for at least 90 days.
- You should know what grounds for annulment fits your reason for divorce. We have this so-called no-fault divorce and fault-based divorce. Each person who seeks divorce has their own unique stories so take note which grounds your case fit in.
Ø When you say no-fault divorce, it means you are filing a divorce due to incompatibility or have been living separately from your spouse for at least 1 year. Usually, couples would prefer this option because it saves more time and money and both parties have agreed on different terms about their separation including properties, custody and the like.
Ø However, fault-based divorce is more common for those who file a divorce. The grounds for filing a fault-based divorce are namely; adultery, bigamy, financially incapable of supporting your spouse, extreme cruelty, absence for a period of at least 1 year, habitual drunkenness, fraudulent contract and imprisoning your spouse. You might be confused with absence for a period of 1 year since both are present in no-fault and fault-based divorce. It will only fall for no-fault if both parties agreed with it and signed the petition.
- You will be filing a lot of important papers and documents as you start your filing. It will be much easier if you will have a no-fault divorce as it won’t require some process unlike the other. You will start by submitting your divorce complaint and filling out some papers about the divorce. You will also be required some documents such as a petition for dissolution of marriage, statement of financial disclosure, settlement agreement and many more. You will be assisted upon filing by the person in charge assigned to you and all details about the requirements will be provided to you. After that, you can go ahead and file it to the court to proceed with your petition. Please take note that the required papers differ depending on what grounds of divorce you have.
- You need to provide your spouse with all the documents and papers regarding the divorce petition that you filed. It is required by the state of Ohio that the petitioner should send out copies of all documents regarding the divorce to his/her spouse. The petitioner can utilize registered mail, certified mail, sheriff’s service, private service process and can also utilize the local newspaper to publish a notice just in case the petitioner is not aware of the location of his/her spouse. Once the filing is complete, your hearing will be scheduled after 30 to 90 days from the date of filing.
- Your case will be assessed if it is a contested or uncontested divorce. A contested divorce is when both or either of the parties does not agree in some matters regarding your divorce children custody, conjugal properties division and the like. An uncontested divorce, on the other hand, is when both parties agreed on all terms regarding the divorce.
- You have the option to file your divorce without a lawyer or with a lawyer. Usually contested divorce is more costly because you need a lawyer to prove your point for the divorce and to submit pieces of evidence of your claim. On the other hand, an uncontested divorce is way cheaper because you can do it yourself saving your bank accounts from any legal fees from your lawyer.
- Legal matters regarding child custody and separation of properties and the like will be discussed. All items that need to be settled will be discussed up until both parties have agreed with terms or up until either one of the parties were approved by the court of the custody and so on.