Divorce is one of life’s most challenging experiences. The emotional turmoil can be overwhelming, and not knowing the steps involved only adds to the stress.
Understanding what’s involved can help you navigate this difficult time more confidently. Your attorney can also help demystify the process.
Divorce vs. dissolution of marriage
In Ohio, there are two main ways to end a marriage legally: divorce and dissolution.
If you and your spouse agree on all issues, such as property division, custody and support, you can seek a dissolution of marriage. This is typically quicker and less contentious.
On the other hand, if there are disagreements, you will need to file for a divorce, where a court will resolve these issues.
Steps for filing for divorce
To file for divorce in Ohio, follow these steps:
- Meet residency requirements:
- You or your spouse must have lived in Ohio for at least six months before you can file.
- Choose grounds:
- Decide whether to cite fault-based grounds (e.g., adultery, extreme cruelty) or no-fault grounds (e.g., incompatibility).
- Submit a divorce petition:
- File the petition with the court, outlining your grounds for divorce and your requests regarding asset division, custody and support.
- Serve papers:
- Serve your spouse with the divorce papers to notify them of the legal action.
- Spouse’s response:
- Your spouse will have the opportunity to respond to the petition. If contested, the case may go to trial.
- Final hearing:
- If uncontested, the case can proceed more quickly. A final hearing, where the judge will review the agreement and issue a divorce decree, will typically be scheduled within three to six months.
For a dissolution of marriage, the steps are more straightforward and the resolution is typically quicker:
- Sign the petition:
- Both spouses must sign the petition for dissolution of marriage.
- Submit a separation agreement:
- Include a separation agreement that addresses all areas of potential disagreement, such as property division, custody and support.
- Attend a hearing:
- A hearing will be scheduled, usually within 30 to 90 days, where the court will review and finalize the agreement.
An experienced attorney can make this process smoother. They can help protect your interests, ensure fair asset division and create equitable custody and support arrangements, reducing stress during a challenging time.
