How To File For Divorce In Ohio

Divorce and Family Law

File Divorce In Ohio
DIVORCE IS A SITUATION that most married people hope to never experience. However, there are 58.1 divorces per every 100 marriages here in Ohio according to the Ohio Department of Vital Statistics.

This means more married people than not will be forced to deal with a divorce at some point in their life. An important step in being able to handle the happening of a divorce is to understand how to file for divorce in Ohio.

To be proficient on the topic of how to file for divorce in Ohio, you must understand where to file, when to file, and what divorce papers need filed with the court. Divorce is a complex area of law. It is always advised to seek counsel from an experienced divorce lawyer. However, a general outline of this topic is presented below for your informational purposes.

Where To File For Divorce In Ohio

IN OHIO, each of the 88 Counties has a court of common pleas. According to section 3105.011 of the Ohio Revised Code, the courts of common pleas have jurisdiction to determine all domestic relations matters, including divorce actions.

Divorce cases are frequently heard through the domestic relations division of a county’s common pleas court. A divorce case is generally filed in the county in which one of the spouses resides.

The advice of a divorce lawyer is the best option when deciding where to file. According to Rule 3(B) of the Ohio Rules of Civil Procedure, any of the following counties may be a proper when deciding how to file for divorce:

  • County in which you reside, as long as you resided there for at least 90 days;
  • County in which your spouse resides;
  • County in which activity occurred that gave rise to the claim for divorce;
  • County in which property subject to the divorce action is located;
  • County in which all or part of the claim for divorce arose.

When To File For Divorce In Ohio

CONTRARY TO POPULAR BELIEF, you cannot just file for divorce whenever you feel it is the right time. You must satisfy certain requirements. This often involves prior planning to make sure that all of these requirements are satisfied.

As mandated in section 3105.03 of the Ohio Revised Code, the Plaintiff, or person filing for a divorce in Ohio, must have been a resident of Ohio for at least six months immediately before filing for divorce. You must also adequate grounds for an Ohio court to grant the divorce in order to file.

Another misnomer is that you must wait until you have lived separate and apart for at least thirty (30) prior to filing for divorce. This is not true. You can reside together at the time of the initial filing.

It must be noted that Rule 75(K) of the Ohio Rules of Civil Procedure provides that an action for divorce cannot be heard until at least 42 days after your spouse is served with notice of the filing. Though it does not impact the actual date that you file for divorce, it is always good to plan for the future.

As you can see, proper timing is crucial in a divorce case. Therefore, the use of a skilled divorce attorney is recommended to navigate these rules and ensure that your divorce case is filed at the proper time.

What Divorce Forms To File In Ohio

EACH DIVORCE ACTION CAN BE DIFFERENT. The actual divorce forms necessary to file for divorce in Ohio will vary by case. Individuals looking for a cheap online divorce frequently learn the hard way that you get what you pay for. These online divorce forms are often incomplete or insufficient for the issues of a specific case. This often leads to continuances and dismissals of the actions.

In addition to case specific forms there are minimal divorce forms that must be filed in every Ohio divorce case. For instance, under Rule 3 of the Ohio Rules of Civil Procedure, every divorce case is commenced by filing of a complaint with the court. Along with the complaint, certain affidavits must be filed depending on whether the case is being filed with or without children born during the marriage.

Rule 84 of the Ohio Rules of Civil Procedure has created uniform domestic relations forms for use in all 88 Ohio counties. If all of the required divorce forms for each specific case/situation are not properly completed, the court cannot and will not grant a divorce.

I cannot stress enough that the best divorce attorneys and lawyers are well worth the investment in the long run. A divorce attorney can eliminate the stress and uncertainty that many individuals attempting to file on his/her own experience when dealing with the court. This will allow you to focus on healing and moving forward with your life after such a difficult situation.

Call us today for your free telephone consultation. We will merely review your options and answer your questions. You do not have to experience this alone.