See if you Qualify in Ohio
Online Divorce provides qualitative and approved by the court Ohio divorce papers. The information below will help you understand more about the divorce in Ohio. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Ohio. We guarantee that in a short time you will receive the correct Ohio divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Ohio:
1. In Ohio, there is a term ‘Dissolution of Marriage’, which refers to those divorces when both spouses want to terminate the marriage and have a common decision on how to share property, custody of children, the amount of child support and alimony, as well as the period of their payment. Similarly, the spouses agree with the no-fault grounds as the reason for the divorce.
Term ‘Divorce’ is applied to those cases where the cause of marriage breakdown is the fault ground, and usually this is the contested divorce in Ohio.
2. Your marriage must be recognized by state law.
3. Depending on what you want to get a divorce or dissolution, you or your spouse must reside in the state for a certain time before submitting Ohio divorce papers to the court.
4. When you have decided on the type of your divorce, you need to fill out the divorce form documents. This is the most difficult and responsible step in the process of issuing a divorce, because if you submit incorrect forms, the court will reject them and you will have to refill everything. Many couples prefer to use onlinedivorce.com services - the best provider of divorce form documents in the US. Online Divorce will select all the necessary papers for you, as well as fill them in as prescribed by state law. You will not need to waste your time filling out different divorce form documents, Online Divorce will do everything for you. You only need to answer some questions that relate to your marriage, and services of onlinedivorce.com will do the rest. Online Divorce is a quick and convenient way to get all the necessary filled Ohio divorce papers.
5. When your divorce form documents are ready they need to sue and hand over copies to your spouse. After that, the court will appoint a hearing on your case. The waiting period before the hearing can be up to several months.
If you want to file a divorce in Ohio, then the plaintiff (the spouse filing the divorce form documents) must be a resident of the state for 6 months before filing a claim with the court.
If you want to file a Dissolution, then at least one of the spouses must live in the state for at least 6 months prior to filing a petition in the court.
Valid Grounds to get divorce in Ohio
You can get a divorce in Ohio on the basis of fault grounds, which include:
3. Domestic violence;
4. The spouse was intentionally absent for 1 year;
5. You and your spouse do not live together and do not cohabit for at least 1 year;
6. A spouse is convicted of a committed crime;
7. Alcohol dependence;
8. Strong disregard for marriage obligations;
Also in Ohio, you can get an uncontested divorce, which is called the ‘Dissolution of Marriage’, its grounds should be no-fault reasons, that is, you state that there is irreconcilable differences between you and your spouse and there is no possibility of reconciliation.
Also keep in mind that if in your Ohio divorce papers you indicate the fault reason, you will have to prove in court the mistake of your spouse.
Annulment in Ohio
Like the traditional divorce, in Ohio the marriage can also be terminated by annulment. This is a trial, which recognizes the marriage invalid, that is, one that has no legal force. State law recognizes two main reasons for annulment - these are void and voidable.
The following are void:
1) incest (spouses are blood relatives to each other);
2) marriage between people of the same sex;
Voidable marriages are valid, but may be invalidated in the presence of special circumstances such as:
1) at least one of the spouses could not voluntarily consent to the marriage during the marriage ceremony, since he or she was mentally ill;
2) the marriage was fraudulent;
3) one or both spouses at the time of the marriage ceremony have not yet reached the age that is authorized for marriage by the state of Ohio;
Custody of the Child if you divorce in Ohio
Regardless of what outcome you want to receive - divorce, dissolution or annulment, you must share custody of common underage children. When divorced in Ohio, the court must determine the rights and duties of each parent, the place of residence of minor children, and the legal custodian, during the court hearings, both parents have equal rights, regardless of their financial position and status. When the court decides on the issue of custody, it is guided by the best interests of the children.
The court can award as sole custody, meaning that one of the parents will be the main custodian, and the second parent will have the right to spend time with the child according to the established visiting plan, and joint custody, which implies that both parents will share the rights and duties of legal and physical guardianship. In some cases, the court may also accept the child's desire for whoever he or she wants to spend more time with.
When divorced in Ohio, the court may also order an investigation into the financial history of each parent or the facts of ill-treatment in the family. The court can also oblige parents and the child to undergo a medical examination.
Similarly, the court requires each parent to provide a plan of upbringing, which can be submitted along with the Ohio divorce papers. This plan should include in the slavery the responsibilities of each parent in relation to the upbringing of the child, the time each parent will spend with the child and the vision of how the parents will resolve disputes regarding the upbringing of the child.
The court will consider the following provisions that affect the award of custody:
1) the desire of each parent to take responsibility when feeding the child;
2) the desire of each parent to be a guardian;
3) the wish of the child, if the court finds that he or she is capable of thinking reasonably;
4) physical and mental health of parents and children;
5) the ability of parents to cooperate in making important decisions in the life of the child;
6) geographical proximity of the places of residence of parents;
7) the ability of each parent to give love, warmth and care to their child;
8) the existence of unlawful actions by any spouse (drunkenness, ill-treatment, crime);
Rules for child support if you divorce in Ohio
If you make out a divorce, dissolution or an annulment, regardless of the form of marriage termination and grounds, you still have to provide financial support to your underage children. State regulations on the support of children use Income Shares Model for calculating the amount that is needed to meet the basic needs of the child. This model is applied to parents whose gross income is in the range of $ 6,600 to $ 150,000.
If the total gross income of the parents is less than $ 6,600, then the court will calculate the amount of financial support for the child based on his or her basic needs and the financial capabilities of the paying parent in such a way that, after paying support to the child, he or she has the means to provide at least the basic needs of the paying parent.
If the total gross income of parents is more than $ 150,000, then the court in each specific case will determine the main needs of the child and the standard of living to which he or she is accustomed.
In all other cases, the court will take into account the number of underage children in the family, the total time the child spends with each parent, the aggregate gross income of the parents (for last 3 years), the availability of medical insurance for the child, the financial support provided by each parent to their underage children from other marriages and tax consequences for each of the parents after calculating the amount of support for the child.
Rules for Spousal support if you divorce in Ohio
In your Ohio divorce papers you can request financial support (alimony) from your the side of spouse. Then, after the division of the common property, the court will have the task to determine whether the alimony is valid, and if so, the nature and duration of the payment.
Spousal support can be both a one-time payment and be paid monthly during the certain period of time established by the court.
Before deciding on alimony, the court will consider the following factors:
1) all possible sources of income of each spouse;
2) age, physical and mental characteristics of the spouses, as well as their emotional state;
3) potential opportunities for spouses to earn money;
4) any pension benefits of the spouses;
5) how many years the couple was married;
6) the presence of custody of underage children and the ability of the main guardian to work outside the home;
7) the standard of living that was used during marriage;
8) education of each spouse and additional skills that facilitate employment or promotion on the career ladder;
9) the sources of expenditure of each spouses;
10) the contribution that each spouse made to the education or development of the partner;
11) the time necessary for the spouse-recipient to acquire the necessary education that would help him or her to get a good job;
12) the tax consequences for each spouse that could have occurred after the alimony were awarded;
13) any other factors that the court may require for analysis.
Property division if you divorce in Ohio
When divorced in Ohio, the court is based on the fact that the division of property between spouses must be fair. However, this does not always mean that it will be equal. First of all, the court must determine to which type of property each estate belongs. It can be either common or separate. Note that, unlike many states, Ohio courts have the right to divide the separate property as well, no matter in which way it was acquired. With a divorce in Ohio, a court can not divide only social security benefits, they will be owned by the original owner. Please note that information about the property is taken from the divorce form documents you provide.
The court's decision on how to properly divide the property is affected by the following circumstances:
1) how many years the couple lived in marriage;
2) all assets and debts of the spouses;
3) the liquidity of each property that is subject to division;
4) any agreement of the spouses regarding the division of the property, if any;
5) pension benefits of the spouses;
6) the presence of custody of the child of a certain spouse (the court may award the possession of the marital home to the parent who is the primary guardian of the minor child)
7) the tax consequences that each spouse may incur after the division of property;
8) the costs of selling the property that the spouse will incur to ensure a fair separation;
9) any other factors that the court may deem important
Divorce without a lawyer in Ohio
If you apply for a divorce in Ohio, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Ohio can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
Mediation Support if you divorce in Ohio
If minor children are involved in the case, the court may order parents to attend special courses in the upbringing of children or to give them consultative hearings with mediators.
Divorce Forms in Ohio
The state of Ohio provides various forms, however not all of them are worth filling out for you. The basic forms are ‘Case Designation Sheet’, ‘Instructions for Service’ and a ‘Complaint for Divorce’. The types of Ohio divorce papers that you need to sue will depend on the circumstances of your divorce or dissolution.
If you and your spouse want to get an uncontested divorce to Ohio, then you will need to fill out a number of additional divorce form documents that contain information on your arrangements, including ‘Case Designation Sheet’, you will need to complete a ‘Petition for Dissolution of Marriage’, a ‘Settlement Agreement’ and a ‘Financial Disclosure Statement’. If you have underage children, you will also need to fill out additional documents.
If you feel your uncertainty when filling out the Ohio divorce papers, do not worry - this is normal. Many couples realize that filling out forms alone is not an easy process. In such a situation, onlinedivorce.com is always ready to help you, services of Online Divorce in Ohio will pick up all the necessary documents that correspond to the type of your divorce or dissolution, as well as fill them in accordance with the rules established by the state. You do not need to waste time on the paperwork or pay the lawyer. Online Divorce will provide you with all the necessary Ohio divorce papers quickly in qualitative form, you will only need to file them in court. Online Divorce gives a 100% guarantee that the documents filled through our services will be 100% approved by the court.
Uncontested Divorce in Ohio
Divorce is a long process, which brings with it a great deal of effort, time, money and nerves. Therefore, many couples try to terminate their marriage as quickly as possible, for this, state law provides a special kind of marriage termination - an uncontested divorce in Ohio, which also calls Dissolution of the Marriage. In order to be able to obtain this kind of divorce the party must ignore the shortcomings of each other and as soon as possible come to a common agreement on all of their controversial issues. Thus, your reasons for divorce should be based on no-fault reasons, which means that you do not blame your spouse for having committed any wrongful act that led to a break in the relationship and does not try to prove his or her guilt in court . The basis for your splitting should be either that your marriage is considered as irretrievably broken, or that you do not cohabit together for more than 1 year.
As for the classic divorce, in order to obtain an uncontested divorce in Ohio, you must comply with the state's requirements for accommodation. This means that at least one of the spouses must live in Ohio for 6 months prior to filing a lawsuit and 90 days in the county where you want to get a divorce.
In order to be able to file a petition in court, you and your spouse must resolve all the differences, otherwise your documents will be rejected. You must agree on how to divide common property, how the issue of custody of minor children will be resolved, the amount and the period of payment of alimony, as well as the amount of financial support for the child. All listed points should be documented, after which you can submit them along with the Ohio divorce papers. You will also need to fill out additional divorce form documents such as ‘Health Insurance’ form and a ‘Custody Affidavit’ which are also necessary. After submitting the documents to the court you will need to wait at least 30 days before the court starts hearing your case. The maximum waiting period for an uncontested divorce in Ohio is 90 days.
How to Serve Divorce Papers in Ohio
If you file for a contested divorce in Ohio, then after registering the documents in court you need to send a copy to your spouse, this is also called ‘serving the spouse’. If you make out the dissolution, then you will not need to serve the spouse, since you are putting the papers together.
State rules allow you to serve a spouse in various ways:
1) Deputy sheriff - you pay for the service at the sheriff's office, and the sheriff's assistant gives your spouse all the necessary papers. Thus the assistant does only 1 attempt;
2) Private Process Server is a faster, but more expensive way of serving. However, unlike the first option, the private service makes several attempts to transfer documents to the spouse;
3) Certified or Registered Mail - you can send documents by mail, if you are sure that your spouse will take them.
4) Publication - if you can not contact your spouse, you can ask the court for permission to publish news regarding the beginning of your divorce.
If you use one of the first 3 methods of service, then you are required to provide the court with a document indicating that your spouse has received copies of your Ohio divorce papers.
Filing Fees for divorce in Ohio
Total fees will contain sum of Ohio court filing fees and cost of using the service of online divorce in Ohio. This cost may vary by county. Please check with your local court officer to determine the exact amount.