Filing for divorce is a big decision. Knowing where to start can make the process feel more manageable. What is the first step in filing for divorce in Ohio? This involves making sure you have legal standing to file your case in the appropriate county court.
Here is a detailed breakdown of these vital steps so you can confidently move forward.
Meeting Ohio’s Residency Requirements
Before you can file for divorce in Ohio, you must meet the state’s residency rules. According to Ohio Revised Code § 3105.03, at least one spouse must have:
- Lived in Ohio for at least six months before filing
- Lived in the county where they’re filing for at least 90 days
These requirements are in place to prevent people from filing in different states or counties to gain a legal advantage. The court will reject your case if you don’t meet these residency rules. With that, you will have to wait until you qualify.
If you recently moved to Ohio or a new county, you may need to wait before filing or explore filing options in your previous location.
That is the first step of the process. However, there are others that are equally important for your divorce.
Filing the Complaint for Divorce
Once you meet the residency requirements, you can file a Complaint for Divorce with the Court of Common Pleas in the county where you or your spouse live. This is the official document that tells the court you want a divorce. It outlines your requests involving property, finances, and custody.
The Complaint for Divorce includes:
- Your name and your spouse’s name
- Your addresses
- The date and place of your marriage
- Whether you have children together
- The reason, or grounds, for the divorce
- What you want, such as arrangements for spousal support, child custody, or property division
This document is the backbone of your case. It will set everything in motion and let the court know what issues need to be resolved.
Choosing the Grounds for Divorce
As part of filing the Complaint for Divorce, you must choose the legal grounds for your divorce. In the Buckeye State, there are no-fault and fault-based divorces.
With a no-fault divorce, you and your spouse must have lived separately for at least one year. Plus, both parties must agree that the marriage is broken due to incompatibility.
The other option is a fault-based divorce. This often requires someone to produce proof that the other spouse engaged in behavior that broke down the marriage.
In most situations, a no-fault divorce is usually the quickest and least stressful route.
Filing the Divorce Paperwork with the Court
Once your Complaint for Divorce is completed, you need to file it with the Clerk of Courts in the appropriate county. This step requires:
- Paying a filing fee
- Providing additional documents, such as financial disclosures or parenting plans
- Creating multiple copies of your paperwork, including one for the court, one for your records, and one to serve to your spouse
Once you’ve filed your paperwork, the clerk will stamp it with a case number. Your divorce is official in the legal system.
Serving Your Spouse
After filing, Ohio law requires that you notify your spouse about the divorce. This is called the service of process. This makes sure that both parties are aware of the legal proceedings.
Your spouse will then have 28 days to respond. If they agree to the terms, the process can move forward more. You may need mediation or court hearings to resolve disagreements if they contest the divorce.
Start the Process for Your Ohio Divorce
The first step in filing for divorce in Ohio is to make sure you meet the residency requirements and file a Complaint for Divorce in the appropriate court. This officially starts the process and lays out the key issues that need to be resolved.
If you’re considering divorce in Ohio, reach out to Axelrod Law Office in Lake County, OH. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.