CFP®, CDFA® | Divorce Financial Planner and Mediator
No one looks forward to divorce. The process can be emotionally and mentally draining for you, friends, family, and your spouse. This article offers information on how to file for divorce in Ohio and overcome common obstacles.
Table of Contents
Is Ohio a Fault or No-Fault Divorce State?
Ohio sits in the middle between fault and no-fault divorce. You can claim either when filing for a dissolution of marriage. It depends on your circumstances.
You might claim fault if you want to gain the upper hand during the divorce proceedings. Perhaps getting child custody or the house is the most important thing to you. Examples of fault-based grounds for divorce in Ohio:
· Adultery
· Alcoholism
· Bigamy
· Extreme and unusual cruelty
· Gross neglect of duty
· Fraudulent contract
· Incarceration
· Willful absence for at least a year
Most people in Ohio opt for no-fault divorce. It circumvents the need for spouses blaming one another and revealing embarrassing facts in public. No-fault divorces typically don’t cost as much as fault divorces and can save both parties a lot of money.
What Paperwork Do I Need to Get a Divorce?
Divorce in Ohio has its fair share of paperwork. The forms you’ll need to fill out will depend on your case. Ohio does not have a statewide checklist for domestic relations forms, so check with your county court to determine the proper paperwork.
At a minimum, you should file:
· A divorce complaint
· An affidavit for income and other expenses
· An affidavit for property
· A request for service
If you have children, you will also need to file a parenting proceeding affidavit. The form discloses information about the child’s health and residence. Note that the parenting proceeding affidavit only applies to minor children.
How to Get Divorced in Ohio
You and your spouse must meet the state’s residency requirement before filing for divorce. Ohio law requires that you live in the state for at least six months. You and your spouse must also have lived in your current county for at least 90 days.
Additionally, couples cannot finalize a divorce while one person in the relationship is pregnant. You can initiate the divorce during the pregnancy. Only when the baby is born, though, can you proceed to the dissolution of marriage or legal separation.
Fill Out the Forms
Any Ohio divorce lawyer will tell you that divorce involves a lot of paperwork. Filling out forms marks the first and last steps of the process. The initial paperwork provides information about your income, expenses, and debts.
Take a careful look at your finances before filling out these forms. Your answers should be as accurate as possible. If you provide inaccurate information, your spouse and their divorce attorneys can frame you as dishonest and untrustworthy.
Since divorce often takes several months, Ohio law allows you to establish temporary conditions in your divorce papers. These forms create a framework for essential things like paying property debts and child custody. The conditions typically last from the time you file for divorce to its finalization.
File and Serve the Paperwork
You can initiate the divorce process by bringing your paperwork to the Clerk of Court at the Domestic Relations Court in your county. You must pay a fee when filing for divorce. Low-income individuals can use a Poverty Affidavit Form Assistant and waive the upfront filing fee.
The court must also tell your spouse about the divorce. Usually, an individual will have the court serve their spouse by sending the papers to them via certified mail. If you do not serve your spouse, you cannot initiate the hearings.
Establish the Temporary Orders
Your spouse has 14 days to respond to your divorce action. This process lets them tell the court what information they agree and disagree with in the paperwork. If your spouse does not respond to the claimant, you can move ahead with an uncontested divorce case.
A judge will establish the temporary conditions approximately a month after you start the divorce process. It’s not a guarantee, though. Judges use the information you provide while also considering the child’s rights and best interests.
Participate in Hearing
Divorce in Ohio has pre-trial hearings and settlement conferences. These meetings allow you and your spouse to negotiate the terms of the divorce. In a perfect world, you can work out an arrangement without divorce lawyers.
Terms you might negotiate include:
· Property division
· Child support
· Spousal support
· Visitation rights
If you can’t work out an arrangement in private, the court will have no choice but to recommend mediation. A mediator can help you navigate Ohio divorce laws while establishing equitable terms for both parties. If mediation doesn’t work, the mediator may make recommendations to the court.
Hearings typically happen when two people cannot reach a dissolution of marriage. A case may have specific issues, like child support or property division, where neither party will budge. Each spouse will tell a judge why they can’t agree on that issue. A hearing’s length depends on the number of issues. The more things that spouses have to resolve, the longer it takes. Divorce attorneys may even call witnesses and present evidence to support your divorce case.
Finalize Your Divorce
Once you and your spouse agree on all the issues, a judge will sign a divorce decree or separation agreement. They cover your division of property, spousal support, child support, and disposal of debts. Most importantly, these forms help finalize your divorce in Ohio.
A couple may still disagree after the hearing. The judge must take the time to review the facts and make a decision based on Ohio law. The judge will then issue a decision within a few days or weeks. Your marriage doesn’t end until you sign and file a Judgment Entry for Divorce. After the judge approves your divorce, the court files it automatically. The court can also mail you a copy.
Dividing Assets During Ohio Divorces
Property
Ohio classifies property in two ways: marital property and separate property. Martial property involves anything that the couple bought or acquired during the marriage. Examples include personal property, savings and retirement accounts, and homes.
Separate property covers anything that a spouse brought to the marriage. That can include inheritance, gifts, or personal injury awards. Under some circumstances, the court may consider income from a separate asset as marital property.
The court will evaluate each spouse’s assets and liabilities before dividing the property equitability. They also consider the following factors:
· The length of your marriage
· If one parent has the children
· The property’s liquidity
· The tax consequences
· Any premarital agreements
· Retirement benefits
Spousal Support (Alimony)
Spousal support, also known as alimony, prevents one person from causing unfair economic harm to their partner. The higher-wage earner pays the non-wage or lower-wage earner a monthly sum. An attorney might argue that one spouse had to forego their career development to support the family, and alimony compensates that individual for their time and effort. The amount of spousal support depends on the couple’s current standard of living. While someone may refuse alimony, the monthly funds allow them to maintain their lifestyle. The law has strict monetary guidelines to determine alimony, which considers people’s financial condition, length of time in the marriage, and the higher-wage earner’s ability to pay another person while supporting themselves.
Child Custody and Support
Ohio offers three forms of child custody. That does not include guardian ad litem, which involves the court appointing someone to watch your child during the case. The three options include sole physical custody, joint physical custody, and legal custody.
Sole physical custody gives one parent the day-to-day responsibilities for the children. They serve as the custodial parent, while the other person can visit them at predetermined times. Unmarried mothers get sole physical and sole legal custody of their children by default.
Joint physical custody involves both parents acting as caretakers. They must establish rules and time limits to determine how much time the kids spend with each one. The courts prefer joint legal custody, which requires co-parenting and active involvement in their kids’ lives.
Section 3105.18 of the Ohio revised code allows divorcees to modify the child support after the divorce. For example, the custodial parent may inherit a significant sum of money. The sudden income would likely lower the amount of child support they would receive each month from their former spouse.
How Much Does Divorce Cost in Ohio?
The cost of a divorce depends on several factors. Did you hire a divorce attorney? Did you and your spouse work out most of your issues outside court? The answers to these questions can make the difference between paying hundreds of dollars for divorce and a small fortune.
For example, an amicable divorce won’t require a divorce attorney. That means you’ll have to pay the filing fees, which vary based on your county. For example, the Washington County Circuit charges $350 for a resident to initiate a dissolution of marriage.
An Ohio divorce lawyer isn’t nearly as forgiving to your wallet. You can expect to pay your attorney $210 to $245 per hour for their services. In total, the law firm might charge you between $9,000 and $10,500.
Bottom Line
Every case of divorce in Ohio is unique. While the people and attorneys change, the rules and guidelines stay the same. Familiarizing yourself with the information in this article can help you make the right choices during your divorce.
Simplify My Divorce offers the essential information and strategies you need to address the complexities of a divorce. We provide invaluable financial insights, so you know how the law impacts your decisions. Try our Free Divorce Preparation Bootcamp to learn more today.