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Ohio
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Ohio Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Ohio Residency Requirement
According to the Ohio Divorce Laws and Ohio Divorce
Guidelines, to get divorced in Ohio the spouse filing the case must
have been a resident of the state for a minimum of 6 months and
a resident of the county for at least 90 days before filing the
case
Place of Divorce (Venue)
The case may be filed in:
County where spouse filing for divorce has last resided for at least
90 days
Simplified or Special Divorce
Procedures
Both spouses may jointly file a petition for
dissolution of marriage. The petition must:
(1) be signed by both spouses and
(2) have attached to it a separation agreement which provides for:
[a] division of property; [b] spousal support (including, if the
spouses desire, the authorization of the court to modify any spousal
support terms); and [c] custody, visitation, and child support,
if there are any minor children.
The spouses may include a parenting plan in the agreement. Between
30 and 90 days after filing such a petition, both spouses must appear
in court and state under oath that he or she:
(1) voluntarily signed the agreement;
(2) is satisfied with the agreement; and
(3) seeks dissolution of the marriage.
Finally, there may be local court rules which apply to divorce proceedings
in Ohio
Ohio Grounds for Divorce
Grounds for a No-Fault divorce:
(1) incompatibility, unless denied by the other spouse
(2) living separate and apart without cohabitation and without interruption
for 1 year
Grounds for Fault based divorce:
(1) adultery
(2) imprisonment
(3) willful desertion for 1 year
(4) cruel and inhuman treatment
(5) bigamy
(6) habitual intemperance
(7) fraud
(8) neglect
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Ohio, the Divorce Do
It Yourself Service will do divorces on an "Agreed" basis or a “Default”
basis.
- An Agreed Divorce
, defined by Ohio divorce guidelines and Ohio divorce laws, is
a scenario where the spouses agree on the terms of the divorce
such as Ohio property distribution, Ohio child support, or Ohio
child custody. Most of our clients (75%) prefer the Agreed Divorce
method and both spouses sign the divorce papers and are agreed
to the terms of divorce.
- A Default Divorce
, according to the Ohio divorce
guidelines and Ohio divorce laws, is a divorce where the other
spouse doesn’t sign the Ohio Divorce forms or Ohio divorce papers,
he/she doesn’t do anything at all with the divorce. They simply
default on the case and the spouse who files for divorce gets
whatever was asked for in the original paperwork.
Process to file for Divorce in
Ohio
There are only three basic procedural steps to a divorce:
- File Ohio Divorce Papers (Ohio Divorce
Forms)
- Notify Spouse of your filing for divorce
in Ohio
- Attend your Ohio divorce hearing
Ohio Child Custody
Simple Definitions: (source: Ohio divorce guidelines and Ohio divorce
laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Ohio Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Ohio divorce
customers. If a sole custody arrangement is to be considered, then
there is usually a reason agreed upon by both parties that
one parent is to have the children. Usually the financial status
of a parent is not to be considered for allocating any parental
rights and responsibilities. Shared Custody or Sole Child Custody
may be awarded according to the best interests of the child.
Ohio Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Ohio Child Support Guidelines. The guideline amount is presumed
to arrive at an amount of support that is in the child's best interest.
But, most divorcing spouses agree to a figure on their own, that
will work just fine. Also, in most situations, -0- Child Support
is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Ohio divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Ohio.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Ohio. It may
involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Ohio often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Ohio, fees must usually
be paid when you file the Ohio divorce forms and Ohio divorce papers
at your county courthouse. These fees vary between County to
County, so it is best to call them and ask what the fees are
in your County. Regardless of whether you are going through a divorce
service, using a Ohio divorce kit, using a divorce attorney (or
divorce lawyer), or doing a nearly free divorce in Ohio, you will
almost always be the one to cover the court fees which is standard
procedure.
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After
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Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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