Ending a marriage is never an easy thing
to do, but divorce is the right choice for some couples.
If you are getting divorced, you are not
alone.
Filing for divorce is complicated. Beyond
the heavy, intense emotional issues, many legal and logistical matters must be
resolved.
Here, our Dayton divorce attorneys explain how to file for divorce in Ohio.
Four Steps for Filing for Divorce in Ohio
1.) You Must Meet the Eligibility Requirements
Under Ohio law (3105.01), you must meet the state’s residency requirements to file for divorce. Either you or your spouse must have lived in the state of Ohio for at least six months before you filed for divorce. Couples seeking a divorce in Ohio must file in the county where they have resided for the last 90 days. If you do not yet meet Ohio residency requirements, you must wait to do so.
2.) Select Your Grounds for Divorce
To file for divorce in Ohio, you must select and prove grounds for the
separation. Most couples choose to seek a no-fault divorce in Ohio. Married
couples can get a divorce on the grounds of “incompatibility” in
Ohio.
3.) Prepare and File Divorce Forms
When you file for divorce in Ohio, ensure that all forms are correctly prepared and submitted.
The specific requirements for divorce forms sometimes vary from county to county.
In any Ohio divorce, you must:
- File a case
designation sheet; - File a divorce
complaint; and - Include
instructions for serving divorce papers on your spouse.
If you are a parent of a minor, you must complete and submit a Parenting Proceeding Affidavit.
Eventually, divorcing parents must create a shared parenting plan with documents for child support calculations.
4.) Resolve the Key Issues
Before you can finalize your divorce, all
relevant issues must be resolved. Critical issues in an Ohio divorce case can
include:
- Property division;
- Debt division;
- Alimony (spousal support);
- Child custody;
- Child visitation; and
- Child support
In some divorce cases, litigation may be necessary to reach a resolution.
However, that is usually not the case.
Most divorces are settled outside of the courtroom — either through collaborative divorce, divorce mediation, or through another type of negotiation.
Get Help From Our Dayton, OH Divorce Lawyers Today
At Gounaris Abboud, LPA, our Ohio family
law attorneys are compassionate advocates for clients. If you are filing for
divorce, we are here to help.
For a free confidential divorce
consultation, please contact
our legal team right away.
From our law office in Dayton, we serve communities throughout the region, including in Montgomery County, Miami County, and Greene County.