Uncontested divorce Ohio and dissolution of marriage is the simplest, quickest, and cheapest way to get a divorce if you and your partner decide to end your marriage. These legal choices are comparable and give a clear route for you to follow as you prepare to divorce with a reasonable degree of cooperation.
In this guide, we explain the legal guidelines to follow for a smooth and stress-free process.
How to File an Uncontested Divorce in Ohio
Ohio recognises both marital dissolution and uncontested divorces. These methods are similar in the aspect that they both provide speedy divorce with minimal costs involved.
If you are going with dissolution of marriage, you and your partner need to file a joint petition requesting for the marriage dissolution. There is no need to explain why the marriage is ending.
The following is an outline of the steps you must take in an uncontested divorce in Ohio:
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Comply With Residency Requirements
Before filing with the court, one or both spouses must have lived in Ohio for at least six months and in the county where the legal formalities is filed for at least 90 days.
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Obtain Information
You’ll need to gather a lot of information about your marriage to help you negotiate with your spouse because you’ll need to file a financial affidavit with the court.
Personal information, banking details, income and expenditure information, expenses related to kids, tax and real estate records, retirement account documents, policies related to insurance, estate planning documents, and other documents should be gathered.
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Finish the Initial Paperwork
The Ohio Judicial System has a comprehensive list of standardised forms that you will need to fill out. It’s also worth noting that if you have children, you’ll need to fill out additional paperwork.
Dissolution necessitates a distinct set of documents. Every divorce is unique. However, you will need to have discussions with your spouse about how you will handle various issues related to your divorce at some point. Maintaining an open line of communication from the start ensures fewer issues as you progress through the steps.
Remember that an uncontested divorce frequently relies on mutual respect, honesty, and compromise. Maintain focus on the overall goal to ensure the best possible experience.
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Submit Your Paperwork to the Court
After you have completed your paperwork, the same needs to be filed before the court clerk at the Court of Common Pleas in the county where the divorce needs to be finalised.
You must pay a filing fee when you file. You can find out how much that fee will be by contacting the relevant court. The clerk will assign a case number to your case after the paperwork is filed. In the future, you’ll need to refer to your case by this number.
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Pay Your Filing Fees
Filing fees will vary depending on whether you are seeking a dissolution or an uncontested divorce. These fees can vary greatly, so if you’re concerned about the cost, check with your court. Expect to pay between $150 and $500.
You may also be required to pay a fee to have your documents served on your spouse. These fees may be waived if you meet certain criteria. You must fill out a Fee Waiver Affidavit and submit it to the court.
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Serve the Complaint
You must serve your spouse with the court paperwork you submitted to officially notify them of your intent to divorce them. In Ohio, you can use certified mail, registered mail, private process service, or sheriff’s service to do this. You can even post a divorce notice in your local newspaper if you don’t know where your spouse is.
In a dissolution, no service is required because both spouses have already filed court papers.
Lastly, the court will schedule a final hearing date between 30 and 90 days from the date of submission after you have submitted your petition and notified your partner accordingly.
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Complete and Exchange Financial Disclosures
As part of the divorce process in Ohio, both spouses must disclose their financial information. This is typically accomplished through the filing of an affidavit of income, expenses, and property. In a divorce, the courts want to see a fair and equitable division of assets and debts. Thus, both the partners should complete and exchange financial information as part of their discussions.
In a dissolution, this information must be presented to the court with the initial filing documentation.
Resist the urge to be anything other than truthful and forthright when disclosing your financial information. If you’re caught lying or withholding information, you could face serious consequences.
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Fill Out a Settlement Agreement
Uncontested divorces are dependent on your ability to come to a compromise with your partner. You will also need to put together a settlement agreement at some time, which will serve as the foundation for judicial review.
This agreement needs to be filed in the court as initial paperwork in case of a dissolution, so make sure to do the work ahead of time and stay focused on larger goals as you amicably compromise on various issues.
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Approval and Review by the Court
The judge will check your documents, and you will be required to attend a brief final hearing, during which the judge may ask you a few questions before approving your divorce. The judge must ensure that there is a fair agreement for all issues involved in ending the marriage, such as alimony, asset and debt division, child custody, child support, and other issues.
Both spouses must attend a dissolution, whereas only one partner and a witness attends the divorce hearing.
Your divorce is not final until you file a signed “Judgment Entry for Divorce” with the court. This usually happens automatically after a judge grants the divorce.
Uncontested Divorce and Dissolution in Ohio
Unlike in a divorce, no fault is assigned in a dissolution.
An uncontested divorce achieves the same result, but in a slightly different way.
To be eligible for a divorce, you must meet the following requirements:
- Before filing a petition for dissolution, you must have lived in Ohio for at least six months.
- Before filing the petition, you must have lived in the county where you intend to file the paperwork for at least 90 days.
- File the necessary documents, including a full financial disclosure form, with the clerk of courts in your county.
- Separate yourself from your spouse for at least 30 days prior to your final hearing.
A dissolution requires the least amount of paperwork, which saves time and money. The legally mandated waiting period is only 30 days. When both parties agree on all issues but one of the parties does not live nearby or is unable to attend the final hearing terminating the marriage for whatever reason, the divorce can proceed as an uncontested divorce.
In both dissolution and uncontested divorce, the parties will sign all agreements and file all other required documents with the court ahead of time. An uncontested divorce, on the other hand, has a 45-day waiting period where only one party is required to attend the final hearing and they must bring a witness.
– Dissolution vs. Uncontested Divorce
People frequently mix up an uncontested divorce and a dissolution. However, these are two very different procedures, and dissolution is not the same as divorce. In the event of a divorce, both parties agree on how to end their marriage. What happens is decided by both parties.
Dissolution is the least stressful, time-consuming, and cost-effective way to end a marriage. There is no protracted court battle, and while both parties may have to make significant concessions, the parties have power to control the results.
The terms of an uncontested divorce are determined by the party who files it in the initial stage. The spouse who fails to give a response is not represented at all unless the court modifies the agreement based on other factors like equality and fairness.
– Child Custody
If you and your partner have kids together, you will need to work out parenting and visitation concerns. Both parents should be fully involved in their children’s life, according to Ohio courts, but judges will ultimately determine the course of action in the best interests of the children.
These discussions can be difficult, so make sure you give yourself enough time to rationally discuss solutions as part of your divorce process.
– Cost of Divorce in Ohio
The most expensive item you’ll most likely have to pay is a filing fee, and country filing fees in Ohio will range between $200 and $300. If you want to know the correct amount, look it up online or call the courthouse and inquire about the cost.
If you are struggling financially and are unable to pay the cost of divorce in Ohio, you may be able to have the fee waived. That request must be made to the court. Again, contact the specific courthouse and inquire about the fee waiver procedures.
There will be a minor cost if you opt to have a process server or sheriff’s deputy serve documents on your partner. This should be under $50 in practically all circumstances. Also, if you need help filling out forms and decide to use an online service, you can expect to pay anywhere from $150 to $500, depending on which service you use.
– Ohio Divorce Timeline
There is no waiting period in a divorce if both spouses agree to the action. The party has 42 days to give a response to a complaint in an uncontested divorce. If they do not, a judge will grant the filing party a divorce. This is frequently “as is,” but in some cases, a judge may make minor changes.
A dissolution or uncontested divorce in Ohio typically takes 45-90 days. It depends on the number of the court’s pending cases, presence of any judge to sign a final decree, and whether or not the court will have queries in rspect to the documents filed for review.
– Apearance
Before your marriage can be terminated in Ohio, you must attend a final hearing. You may be able to go ahead with a dissolution of marriage if you and your spouse are both available to attend a final hearing in court.
If only one of you will appear in court for the final hearing, you should file for an uncontested divorce. During an uncontested divorce, only one spouse and a character witness are required to attend the final hearing. In most cases, the hearing lasts no longer than 15 minutes.
You will be asked to testify during the hearing that:
- You still want to end your marriage.
- You voluntarily entered into the agreement and agree to its terms.
- You do not have bankruptcies.
- There is currently no pregnancy.
- All additional requirements are met if either party is a member of the active-duty military.
– Grounds for Easy Divorce in Ohio
In Ohio, you can get a no-fault or fault-based divorce. No-fault divorces can be used in a dissolution or uncontested divorce if the husband and wife have lived separate and apart without interruption for at least a year without cohabitation incompatibility, unless either party denies it.
Specific reasons for divorce are frequently cited in contested divorces. For fault-based divorces in Ohio, the following are permitted:
- Infidelity
- Incarceration
- One year of willful desertion
- Cruel and inhumane treatment
- Bigamy
- A pattern of intemperance
- An out-of-state divorce that does not absolve the in-state resident of marriage obligations in Ohio
- Deception and neglect
Conclusion
Divorce occurs when the parties are unable to reach a mutual compromise and the court steps in.
Typically, one party files for divorce and the other responds, but an uncontested divorce is granted only when the other party fails to respond.
- Before filing for divorce with the court, one or both spouses must have lived in Ohio for at least six months and in the county where the legal formalities is filed for at least 90 days.
- In a divorce, the courts want to see a fair and equitable division of assets and debts. Thus, both the partners should complete and exchange financial documents as part of their discussions.
- Ohio recognises both marital dissolution and uncontested divorces. They are similar in that they can both be used to expedite the divorce process and save you money.
- The terms of an uncontested divorce are determined by the party who files it in the initial stage. The spouse who fails to give a response is not represented at all unless the court modifies the agreement based on other factors like equality and fairness.
Uncontested divorce in Ohio is a great alternative to different kinds of divorces in Ohio. Thus, read this complete guide for tips and instructions for your divorce proceedings.
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