When a married couple makes the difficult decision to part ways, it often stirs up many different types of emotions, especially if their relationship has been marked by feelings of disdain towards each other. However, amidst the emotional turmoil, many separating couples find themselves wondering what process they need to follow to get a divorce in Ohio. Understanding the proper procedures for divorce in Ohio becomes important as they begin the process of dissolving their marriage. With the knowledge of the legal divorce process, couples can ensure a smoother transition, addressing issues such as asset division, child custody, and spousal support with more knowledge and power. While the decision to divorce may be emotionally taxing, knowing the steps to take to get a divorce in Ohio can provide a sense of direction and empowerment amid the uncertainty of beginning a new life.
Seeking guidance and support from a divorce lawyer in Columbus is often the best course of action to when going through the complexities of divorce proceedings. However, this article aims to provide a comprehensive overview of how to get a divorce in Ohio. Understanding the fundamental steps involved can offer individuals a basic understanding of the process, as well as a starting point to enable them to contact their divorce lawyer in Ohio with more informed questions and concerns. From filing the initial paperwork to attending court hearings, each stage of the divorce process in Ohio is outlined to offer clarity and direction. While a divorce lawyer can provide tailored advice and representation, having a foundational understanding of the procedures involved can empower individuals to get through their divorce journey with greater confidence and understanding.
File A Divorce Complaint
The first step in commencing the divorce process in Ohio is dependent upon whether the divorce is contested or uncontested.
- Contested Divorce – In a contested divorce scenario, where disagreements and disputes on how to divide marital property persist between the spouses, the first step typically involves filing a divorce complaint with the court. This legal document, often referred to as a formal complaint in Ohio, outlines the grievances and requests for relief against the other party. Filing a formal complaint for a divorce serves as the catalyst for initiating the legal proceedings and formally notifying the court and the spouse of the intent to dissolve the marriage. When a divorce complaint in Ohio is filed, you must allege grounds for the divorce. These grounds may include:
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- Bigamy
- Adultery
- Extreme cruelty
- Fraudulent contract
- Gross neglect of duty
- Habitual drunkenness
- Imprisonment of one spouse
- Willful absence from the marriage for one year
- Either spouse receiving a divorce outside of the state of Ohio
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- Uncontested Divorce – In an uncontested divorce, where both parties are in agreement regarding the terms of the separation, the first step is to file a petition for dissolution of the marriage. This petition notifies the court that there are minimal or no unresolved issues between the spouses. This can expedite the divorce process significantly. In such cases, the divorce proceedings may proceed quicker, leading to a smoother transition to single life for both parties involved.
Decide How To Divide Marital Property
After filing for divorce, the next step in the divorce process involves determining how to divide marital property. In Ohio, any assets that are acquired during the marriage are generally presumed to be marital property, subject to division unless proven otherwise. Divorce courts typically prioritize agreements between spouses regarding property distribution during a divorce, unless there are disputes or instances of clear unfairness. If divorce mitigation is not an option, courts in Ohio adhere to the equitable distribution model to fairly divide marital assets, which doesn’t always mean assets will be split 50/50. For instance, if one spouse primarily served as a homemaker and caregiver, the court might determine that a larger portion of assets will be provided to them, considering their immediate need for financial stability post-divorce.
When intervening, courts consider various factors to obtain equitable division of marital property, including:
- The duration of the marriage
- Each spouse’s financial status
- The welfare of any children involved
- Property liquidity
- Tax implications
- Potential sale costs
- Premarital agreements
- Retirement benefits
- Any other pertinent factors deemed necessary for a just resolution
This comprehensive evaluation of property aims to facilitate a fair distribution of assets and liabilities, promoting a smoother transition for both parties as they go on separate paths.
Determine Child & Spousal Support
Once the division of marital property is settled, the next step in the divorce process involves determining spousal and child support. This phase is critical for providing financial stability and security for both spouses and any children involved post-divorce.
Spousal support, also known as alimony, may be awarded to one spouse based on factors such as:
- The duration of the marriage
- Each spouse’s earning capacity
- Their respective financial needs
Child support, on the other hand, is calculated using a specific process that consider factors such as each parent’s income, the number of children, and their needs. Child support aims to provide adequate financial support for the custodial parent to care for the children’s necessities as well as maintain their overall well-being. Along with child support, custody arrangements and schedules will also be determined.
The court carefully evaluates these factors to arrive at fair and reasonable child and spousal support amounts, ensuring that both spouses and children are appropriately provided for during and after the divorce process.
Finalize The Divorce
The final step in the divorce process is the culmination of dividing assets and determining various financial aspects of the divorce and the signing of agreements. After all aspects of the divorce, including the division of property, determining spousal support, and creating child custody and support agreements, have been negotiated and settled, the parties proceed to finalize the divorce.
The final step in the divorce process typically involves drafting legal documents such as a divorce decree and settlement agreements, which outline the terms and conditions agreed upon or determine by the court in a divorce settlement. Once these documents are reviewed and approved by both parties and their respective divorce lawyer in Ohio, they are signed and submitted to the court for approval. Finalizing the divorce involves appearing before a judge to have the agreements reviewed and confirmed, and the divorce decree issued. Once this is completed, then the marriage will officially be terminated. This pivotal moment marks the conclusion of the divorce process, providing closure and clarity as both parties transition into beginning their post-divorce journeys.
