Filing for a divorce is no easy task. The process can be emotionally draining and time-consuming.
And the money it usually takes to get a divorce surely doesn’t make it any easier. The more you and your spouse fight in court, the more expensive and the lengthier the divorce process. But how exactly does one obtain a divorce?
Each state differs in divorce proceedings. So, what is getting a divorce like in Ohio?
If you live in Ohio and want a divorce, below you’ll get an overview of how to get a divorce in Ohio, so you know what to expect.
How To Get A Divorce In Ohio
The first step in divorce in Ohio is to meet the state’s residency requirements. To file for divorce in Ohio, you or your spouse must live in the county in which you file for divorce for at least six months.
Completing the state’s required forms is the second prerequisite for filing for divorce.
The Complaint for Divorce form is the first to be completed. Additional documents may be required depending on the county in which you or your spouse live.
Legal Grounds For Divorce in Ohio
You are required to have legal grounds to file for divorce in Ohio. You can file for divorce on the following grounds:
- One of the spouses had a husband or wife living at the time of marriage
- Adultery
- Intentional desertion of at least one year
- Neglect of duty
- Marriage is influenced by fraudulent acts
- Abuse and cruel treatment
- A felony conviction
- Drug or alcohol abuse
- Gets divorced outside the state without your knowledge
But this is not always the case. Because Ohio is a no-fault divorce state, you can state that the marriage is irreparably broken.
No-Fault Divorce
In Ohio, there are two types of no-fault divorce. The first is a no-fault divorce based on separation if you and your spouse live apart for at least 12 months or a year.
The second type of no-fault divorce is when you and your spouse have experienced irreconcilable differences or incompatibility.
If you are the plaintiff, you must file your forms. You must file them in the county where you live.
In Ohio, there is a filing fee to get a divorce. The average filing fee in Ohio ranges between $300 and $400.
However, not everyone can afford a divorce. You may request a fee waiver if you cannot afford the filing fee. In Ohio, there is a mandatory fee waiver for couples whose income is at or below 187.5 percent.
If you are the defendant and your spouse has filed for divorce, you must respond as soon as possible. Otherwise, your spouse may obtain a default/uncontested divorce.
You must serve your spouse with the divorce papers if you are the plaintiff. On the other hand, if you are the defendant, you will be served with divorce papers.
Serving Divorce Papers
Divorce forms can be served in three ways. These three approaches are as follows:
- Sheriff deputy
- Court service
- Mail service
However, if you want to serve your divorce forms on your spouse but they are:
- in jail,
- deployed in the military,
- or you cannot find them;
You may have to try another method of serving your forms. In these cases, you can try to inquire with the court clerk about service.