Divorce in Ohio – Frequently Asked Questions (FAQ)

Contested Divorce Vs Dissolution in Ohio, Which is Best? 

Generally, if you and your spouse can reach a divorce agreement together, a dissolution or uncontested divorce might be best. It eliminates many of the processes, expenses, and headaches attributed to contested divorces in Ohio. 

On the other hand, if you and your spouse can’t agree on the terms of your divorce, then a contested divorce is typically the only option. You should note that the divorce process in Ohio is much more complicated and extensive than a dissolution. 

Divorce and dissolution end with the same result; the end of the marriage. 

What Are The Grounds For Divorce in Ohio?

According to Ohio divorce laws, the grounds for divorce in Ohio include, but are not limited to: 

⦁ Cheating (Adultery)

⦁ Either spouse was already married at the time of marriage in which you seek a divorce

⦁ One spouse is “willfully absent” from the other for at least one year 

⦁ Extreme cruelty or fraudulent marriage contract

⦁ Habitual drunkenness or other substance abuse issues 

⦁ Imprisonment of one spouse at the time of divorce filing 

⦁ Incompatibility (but both parties must agree)

Can You File For Divorce Online in Ohio? 

There are methods to e-file certain divorce documents online in Ohio. However, you and your spouse will need to physically appear in court at some point for any type of divorce in Ohio. It’s possible to complete some paperwork online, but you should always have an experienced divorce lawyer review them before submitting your documents. 

How Are Divorce Papers Served in Ohio? 

In most cases, the court clerk sends a divorce complaint via certified mail to the requested party. However, if the mail is undeliverable or your spouse refuses to sign for it, there are other options. 

A common method is hiring a process server in Ohio or enlisting the Sheriff’s Office to deliver the Ohio divorce complaint personally. If the Ohio process server can’t deliver the divorce complaint within 28 days, they must return it to the clerk. 

If your spouse still can’t be located, there are other methods to file for divorce in Ohio. Speak with your divorce lawyer to learn more. 

How Much Does An Uncontested Divorce Cost in Ohio? 

The cost of an uncontested divorce depends on the county you live in and the type of delivery service you utilize. 

For example, those filing for a divorce with no children in Franklin County can expect a $250 filing fee for divorce in Ohio plus a $4 – $30 service delivery fee (depending on the method used). However, divorce fees in other counties may vary. 

It’s essential to keep in mind that this does not include attorney fees, pre-divorce mediation costs, etc. Of all options available, dissolution is usually the least expensive method of ending a marriage. 

How Are Assets Divided in a Divorce in Ohio? 

Assets are not always divided equally during divorce in Ohio. Instead, the court decides how assets are divided in a divorce in Ohio by using an equitable distribution method. That means that your property and assets won’t necessarily be divided equally, but it will be done fairly. 

Generally, you and your spouse have much more control if you opt for a dissolution of marriage or uncontested divorce instead of a contested divorce. 

If you are concerned about keeping certain assets or worried that your spouse is concealing assets, it’s in your best interest to consult with an experienced divorce attorney in Ohio.

Regarding Divorce in Ohio, Who Gets The House? 

Determining who gets the house when going through a divorce in Ohio is not an easy process. The court takes into account many factors, including but not limited to:

⦁ If you have children and whether the custodial parent needs the home

⦁ How “liquid” the property is 

⦁ How tax liabilities affect each spouse 

⦁ Whether the house is considered pre-marital property (with exceptions)

⦁ Costs associated with selling the house

⦁ Overall assets and debts of each spouse 

⦁ Many other factors influencing the equitable distribution of property 

Are Divorce Records Public in Ohio? 

Yes. Most marriage and divorce records in Ohio are public. That means that anyone can find the details of your divorce by going through the proper channels. However, some information is sealed to the public, such as:

⦁ Personal identification numbers (i.e., social security number, bank account numbers, etc.)

⦁ Sensitive information about children or victims of domestic violence 

⦁ Other types of divorce records ordered sealed by the court 

It’s important to note that anyone can view marriage records in Ohio. However, obtaining a certified copy is reserved for the parties involved in the divorce in Ohio. 

Can I Get a Divorce in Ohio Without an Attorney? 

Technically, yes. You can get a divorce in Ohio without an attorney. However, you should consider the implications of doing so. Getting divorced without an attorney in Ohio leaves you vulnerable to:

⦁ Unfair settlements and child custody agreements

⦁ Lost property (that you may have otherwise kept)

⦁ Inequitable distribution of power during negotiations 

Even if you and your spouse agree on all parameters of your divorce in Ohio, it’s in your best interest to have a divorce attorney review your agreement before signing. 

How Long Does it Take to Get a Divorce in Ohio? 

How long it takes to get a divorce in Ohio depends on a few factors such as:

⦁ Whether you file for dissolution in Ohio or divorce

⦁ How complicated your divorce is 

⦁ If there are children involved 

Every divorce is different. The most important factor determining how fast you can get a divorce depends on how well you can work together. Click here to read more about how long it takes to get divorced in Ohio. 

What’s The Difference Between Divorce and Filing For Legal Separation in Ohio? 

legal separation in Ohio does not end a marriage. However, it does offer many of the same benefits. Legal separations involve issues about property division during the separation, child support, spousal support, custodial rights, and more. 

Legal separations are not a permanent solution, but they stay in effect until a judge orders otherwise. Also, you cannot remarry while legally separated. 

How is Child Custody Determined in Ohio? 

How child custody is determined in Ohio depends on many factors. However, the main issue that judges consider before making custodial decisions is what’s in the child’s best interest. 

Even if you and your spouse reach a divorce agreement together, a judge must still approve your parenting plan. 

Sometimes, one parent may unfairly assert that the other is an unfit parent. In that case, it’s in your best interest to consult with a skilled criminal defense attorney in Ohio.

Are You Getting a Divorce in Ohio? Contact Us Today 

Divorce can be a costly, stressful, and emotionally draining process. That’s especially true if you go the Ohio DIY divorce path without an attorney. Hiring an experienced divorce lawyer in Ohio can help you: 

⦁ Reach an agreement with your spouse 

⦁ Reduce the emotional turmoil caused by the divorce process

⦁ Inform you of your rights and entitlements

⦁ Fight for your child custody rights 

If you’re getting a divorce or dissolution in Ohio, you should consult with a proven attorney before finalizing the process. We’re here to help.