Timeline and Process: What to Expect When Filing for Divorce in Ohio
May 8, 2024
Divorce can be challenging, and one of the most frustrating parts of divorcing is how long it can take to get through the process. It isn’t as simple as deciding to end your marriage, and some divorces can take up to two years to finalize. However, knowing what to expect can make the process less overwhelming and stressful. Your attorney can help guide you through the process most efficiently and effectively so you can move forward.
What are the Stages of the Divorce Process?
There are five primary stages of the divorce process. The summons and petition for divorce, temporary orders, discovery, settlement options, and filing of final orders.
- Filing for Divorce: In this stage, one spouse will file the Summons and Petition for Divorce. After completing these forms, they will be served to your spouse, either formally by a process server or informally by certified mail or email. Once your spouse has been given a period to respond, which is usually fourteen days, the divorce petition will be formally filed with the court, and a court date will be set, along with various other deadlines.
- Temporary Orders: If you need to establish support or a parenting plan immediately, the court will schedule a hearing for temporary orders, generally lasting until the divorce is finalized. These orders can address temporary child support and child custody, spousal support, and living arrangements. If you and your spouse can agree on these temporary orders, you may be able to avoid a hearing.
- Discovery: During this stage, you and your attorney will collect the information necessary to finalize the division of assets, a custody plan, and anything else required. This can be time-consuming, especially if you and your spouse are not forthcoming with information. This stage can involve depositions, where you and your spouse, and other witnesses, must testify under oath.
- Settling: In this stage, you and your spouse, attorneys, and other professionals, such as a mediator, will work together to find a mutually agreeable settlement. The more agreeable you and your spouse are, the quicker this phase can go. If you and your spouse cannot settle in mediation, your case will be taken to trial. Trial preparation and the trial will extend the process considerably.
- Final Orders: Once you and your spouse have agreed with your attorneys on a settlement, you will draft and file final orders. Once the final orders are filed, the divorce is complete.
How Long Does it Take to Get a Divorce in Ohio?
On average, a divorce for a couple with no minor children will take 4-12 months. If a couple has minor children, the process can extend to two years. It is important to note that in Ohio, you cannot file for divorce while pregnant and must wait until the baby is born before beginning the process. In addition, the divorcing couple must have lived in Ohio for six months and in their current county of filing for 90 days, which can delay the filing process in some cases.
Some divorces will take longer simply because the case is more complex. The process will take longer when a divorcing couple has children or is considered a high-asset divorce. If a divorcing couple has children and there are issues with child custody or child support, the divorce will not be finalized until these issues are resolved entirely. In the case of a high-asset divorce, financial audits and investigations can delay the process.
Is it Possible to Expedite a Divorce in Ohio?
Once you have started the divorce process, many couples want to move through the process as quickly as possible so they can move on with their new lives. Unfortunately, you cannot do much to expedite the process any more quickly. If your divorce is finalized within a few months, this would be considered a quick and easy divorce, but you will still need to go through the entire process and accept the timeline as is. However, there are things you can do to avoid your divorce dragging out longer than necessary. One of the first things that can help your divorce move through the process quickly is cooperation from both spouses and their attorneys. Both spouses should be open and honest, as hiding anything will often lead to more delays. A spouse who feels angry or bitter about the divorce will usually be less likely to cooperate, as delaying the process, even if inevitable, is a way to “punish” the other spouse. Both spouses should try to approach the process in the spirit of cooperation. A reasonable attorney will often be able to help both parties realize the benefits of an amicable divorce. However, some attorneys may encourage this behavior to increase their hours. If you suspect that your attorney is deliberately slowing the process, get a second opinion and consider changing. Having a financial advisor can also help expedite the process by cleaning up any financial complexities to make asset division go more smoothly.
Finding the Right Attorney to Guide You Through the Divorce Process
Finding the right attorney to guide you is the most important thing for a clean and efficient divorce. Finding an attorney who understands your priorities and will work with you to get you through the process as efficiently and effectively as possible is essential. Before you file for divorce, meet with a few attorneys with experience in divorces like the one you anticipate. Make sure you choose an attorney you can trust, one who will prioritize your needs, and one who can work collaboratively with your spouse and their attorney to ensure your divorce can move as quickly as possible. Divorces can take a long time, and you need to know you have an attorney you can trust to take you through the process.
Need an Attorney? Michael E. Bryant Has You Covered
Are you feeling overwhelmed by the complexities of divorce proceedings in Ohio? Don’t worry; you’re not alone. Divorce can indeed be a challenging journey, often drawn out over months or even years. However, you can navigate through it more efficiently with the proper guidance and support.
At Michael E. Bryant’s law firm, we understand the intricacies of the divorce process in Ohio, and we’re here to guide you every step of the way. From filing the initial paperwork to reaching a mutually agreeable settlement, our experienced team will work tirelessly to protect your interests. Contact us today, and let’s start this journey towards a brighter future.