How to Finalize a Divorce in Ohio
To file for divorce in Ohio, one of the parties must have lived in the state for six consecutive months before filing. A petition for the dissolution of marriage is the document that starts the divorce action. It must be filed with the circuit court of the county where one of the parties lives. The other party then files an answer.
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Instructions
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Meet with your spouse and decide how the two of you are going to divide your property and debt. Don't forget to include real property, automobiles, personal belongings, bank accounts and retirement accounts. Decide who will retain possession of each item and who will be responsible for each debt.
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If the union produced children, discuss child custody and support arrangements. Child support amounts will be determined by state law. Contact the Ohio office of child support for direction about figuring the amount for your case. The parties also will need to decide on a visitation schedule.
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Come to agreement regarding other potential issues, such as spousal support and income tax determinations.
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Have a settlement agreement drawn up, documenting the decisions the parties have reached on marital matters. This settlement agreement will be made part of the final divorce order.
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File the settlement agreement and any additional child support paperwork with the clerk of court. Schedule a final hearing for an uncontested divorce matter to take place in front of the judge. Per Ohio law, the court cannot hear the case and review the evidence until 30 days after the case has been filed.
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Attend the final hearing. Per state law, the petitioner--person who filed the divorce--must be present at this hearing. The respondent--the person on whom the divorce was filed--does not have to be present. However, particularly in a case that involves children, both parties should attend the hearing.
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Answer any questions the judge may have. These will be simple questions based on the documents you have filed with the court. Bring a copy of a final decree of dissolution of marriage with you to this hearing and ask the judge to sign it. Many Ohio clerks of court have blank copies of a final decree for self-represented parties to use. Once signed, this decree is the legal document that makes your Ohio divorce final.
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Tips & Warnings
Either party may appeal the divorce judgment if they believe it was made in error.
Be sure to be on time for your court hearing and to bring copies of all the documents you have filed in the case with you.
References
Resources
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