Learn How to File for an Ohio Divorce and Prepare for a Court Hearing

Like other states, Ohio divorce laws are administered within its own terms. There are certain requirements that you will need to meet if you are to qualify for appealing your final divorce judgment to the court. If you are filing for divorce in Ohio, you must continuously reside in the state for at least six months, and at least 90 days in the county where you wish to file.

There are two types of grounds for divorce:

•    No-Fault
•    At-Fault

No-fault grounds include mutual agreement that your marriage is irreconcilable, and you have been living in separate homes for at least one year. N- fault divorces can be filed when there is no dispute.

If you and your spouse do agree to end the marriage, divide your joint property, and are agreeable on child custody, support, visitation, etc., you can file for dissolution instead of divorce. This is an easier, quicker and less expensive process, and less unpleasant for you and your spouse.

You should know that there is a 30-day waiting period in the state. Once the 30 days are over, the court will grant you a divorce decree.

At-Fault Divorce Process

If your mutual relations are not amicable, your grounds for divorce will be “at-fault." This means that you will have to charge your spouse with being guilty of some fault, and prove it to the satisfaction of the court. There can be many grounds for this, including:

•    Bigamy
•    Adultery
•    Cruelty
•    Gross neglect
•    Abandonment
•    Fraudulent contract
•    Drunkenness

There can also be a combination of all these. If any of the spouses is in prison on a felony conviction, there can be an appeal for divorce as well.

Your spouse will then need to answer the complaint through legal counsel. The person will have to either admit or deny the charges. He or she has the legal right to file a counter complaint or affidavit against you, which you must then answer through your attorney.

In Ohio, if your spouse refuses to respond with a defense or a counter-charge, the domestic court may grant you the divorce if you can prove your case. If disputed, a divorce case goes through routine stages of discovery (mutual disclosure of facts, exchange of documents, interrogatories, admissions of fact and deposition), the trial and finally a judgment.

Temporary court orders during proceedings are binding. Violations invite punishment for contempt of court.

The Role of the Judge

A judge determines issues such as:

•    Child custody
•    Support and visitation
•    Apportionment of property
•    Money
•    Debt

Ohio has no jury trials on divorce complaints.

The judge issues the decree of divorce and your divorce is considered final, unless either you or your spouse is dissatisfied with it and decide to appeal.

Here are some other issues that are related to divorce in the state:

•    Under Ohio law, restoration of the premarital name is allowed.
•    Mediation counseling is generally part of the legal process. Ohio courts not only order counseling on disputed issues before issuing a judgment, they order parents to arrange counseling for children to minimize the trauma of divorce.
•    The Ohio court may order permanent or temporary alimony, or maintenance to either party during the case and after-based on fairness and need.
•    On property division, the guiding principle is also fairness. Contribution or role in acquiring specific properties, utility to each spouse, practical and lifestyle needs and earning capacity all come into consideration.
•    On child custody, Ohio courts consider the wishes of parent and child, mutual relations of the child with each parent, siblings and anyone else – a grandparent, uncle or aunt, teacher or psychiatrist – who may be in a position to influence or judge a child’s best possible interest.