A guide to ohio divorce

Divorce laws are governed by the individual states. Therefore, the laws vary from state to state. If you're considering getting a divorce in Ohio, you must first be a resident of that state for a minimum of six consecutive calendar months before you may file. Plus, you must also have lived in the county where you wish to file for at least ninety days.

After you have met the residential requirements, the first step in getting a divorce in Ohio is to find a reputable legal representative. He or she can advise you on your specific legal rights and handle the matter for you. If you don't have a referral from family or friends, you can always check the ads in the local yellow pages.

Most attorneys require that you pay a retainer up front before they begin your case. A retainer is a certain amount of money that is collected and then taken from as your lawyer works on your case. For example, let's say that you pay a retainer of one thousand dollars. And let's also say your lawyer charges one hundred dollars an hour. This means that your retainer will go towards ten hours of legal work. If your divorce takes longer to complete, then you'll owe your attorney more money. If, by chance, it takes less time, then you'll be issued refund for any money that's leftover.

Next, your legal representative will file the necessary paperwork with the domestic courts. The actual filing papers are called a "Complaint." You are then known as the "Plaintiff", and your spouse is known as the "Defendant". The court will need to know when you were married and where; the names and birth dates of any children the union produced; and, the reason you want a divorce. The reason is also known as the "grounds for divorce."

In the state of Ohio, there are two types of grounds: "no fault" and "at fault." No fault grounds include not being able to get along and living in separate households for at least one calendar year. However, if you charge your spouse with Bigamy, Adultery, Cruelty, Gross Neglect, Abandonment, Fraudulent Contract, and Drunkenness, or if he or she becomes imprisoned or has filed for a divorce from you in another state, then this is termed as being an at fault divorce.

Your spouse then files their answer to the complaint through their legal counsel. He or she can either agree to the complaint or deny it. Further more, your spouse has the legal right to file a counter complaint against you. If he or she does, then you must answer it through your attorney.

In Ohio, if your spouse was served with the divorce papers, but refuses to answer them, then the domestic court may grant your divorce if you can prove your case. A judge will determine such issues as child custody, support, and visitation. The judge will also determine how any property, money, and debts are divided. (There are no jury trials in regards to a divorce complaint in this state.)

There's a thirty day waiting period in this state from the time the complaint was served to your spouse.

If, however, you and your spouse can agree to end the marriage, divide your joint property, agree to child custody, support, visitation, et cetera, then you can be granted a "Dissolution" instead of a divorce. A dissolution is normally easier, less expensive, and less stressful to both parties.