September 26, 2023

When you have never filed for divorce before, the process can seem overwhelming. Making the decision to end your marriage is already difficult, and navigating a legal process during this emotional time can make things harder. You need to avoid legal mistakes, protect yourself, and move through the process in the most efficient way. When you have questions about filing for divorce in Ohio, an experienced divorce attorney is the best place to go for answers.

What Should I Do Before Filing for Divorce?

Before filing for divorce, start by getting all your personal documents and financial information in order. Make sure that you have access to the full picture of your marital finances. Write out your ideal plan for property division, spousal and child support, and custody plans. Be very careful about making any major financial moves before filing for divorce. Although you will need to begin the process of separation, your attorney can advise you on the steps to take to protect yourself and your financial future. Your attorney can help you prepare all the paperwork you will need to file, including any temporary orders you may need throughout the proceedings.

Do We Need to Be Legally Separated Before Getting Divorced in Ohio?

You do not need to be legally separated before getting divorced in Ohio. To pursue a divorce in, all you need is to have lived in Ohio for 6 months, live in the county in which you are filing for at least 90 days, and, if one spouse is pregnant, you’ll have to wait until after the baby is born to finalize the divorce. If you and your spouse are currently living in different counties, you may be able to choose which county to file in. Your attorney can help you determine the best plan.

What is a “No-Fault” Divorce? Do We Need to Assign Fault in Ohio?

A “no-fault” divorce is known as a “dissolution of marriage”. For a no-fault divorce, spouses can seek to end their marriage if both spouses agree that they are incompatible and on the division of assets, custody and other aspects of terminating the marriage. Ohio does still allow for fault-based divorce. In Ohio, you can file for a fault-based divorce for adultery, cruelty, neglect, habitual drunkenness, imprisonment, or abandonment for longer than one year. If you file for a fault-based divorce, you may have to collect and present evidence to prove fault. However, even in a divorce, most of the time the parties agree that they are incompatible.  Your attorney can help you determine your options when you file for divorce.

Do We Each Need Our Own Attorney?

Some spouses will try to convince the other spouse – or themselves – that they don’t need an attorney or can share one attorney during the process to save money. While some amicable divorces can be done with minimal attorney involvement, the fact remains that divorce is a legal process with two opposing parties, and each party should have their own legal representation to guide them through the process. When you are considering filing for divorce, look for an attorney who has experience in family law and with whom you feel comfortable working with. You will need to trust your attorney and share a wealth of information throughout the process, so finding someone you can trust is important.  (P.S. an attorney can only represent one person – so technically, if there is only one attorney, someone is unrepresented.  Don’t be that someone!).

Is Ohio a Community Property State?

Community property is defined as property that was acquired during the marriage and is jointly owned by both spouses, such as real estate, bank accounts, and retirement benefits. In community property states, each spouse is entitled to 50% of this property. Ohio is not a community property state, so property is distributed by a rule known as “equitable distribution”. This means that the court will determine which property is considered marital property and then divide it in an equitable manner. If you and your spouse can agree on equitable property distribution, the judge will just need to approve the agreement, but if not, the judge will look at a way to balance assets.

Will We Need to Go to Court? What Will Happen During the Hearings?

Even in an amicable divorce, the judge will require that both parties appear and testify that they are satisfied with the agreement. If the divorce is contentious, you will likely have to appear and testify at multiple hearings. During these hearings, the judge will ask what you and your spouse agree on and what you don’t, and then will ask for the information they need to make a decision, such as your income, property, assets, and debts. If you are pursuing a divorce based on grounds other than “incompatibility”, you may need to have witnesses and evidence to support your claims. The number of hearings you will have depends on how many issues you and your spouse cannot agree on.

When Will the Divorce Be Finalized?

The divorce will be finalized when a judge approves and signs your final divorce agreement, either because you and your spouse agreed on the terms and presented the agreement to the judge for approval, or when you have presented your individual evidence and the judge makes a ruling for a fair agreement. If the divorce is amicable and you don’t have children, your divorce can be finalized within a few months. Contested divorces or divorces with child custody concerns will usually take longer. If your divorce is particularly complicated, it can take up to two years before the final agreement is signed, and sometimes even longer.

The best way to navigate the process of filing for divorce is to have an attorney you trust guide you. An experienced divorce attorney can help you gather the correct paperwork, develop a fair plan for dividing your assets, determine spousal and child support, and draw up an initial custody agreement. You will have many questions during the process, and your attorney can be invaluable to a smooth divorce process. If you’re going through a divorce, or you plan to file for divorce soon, contact my office today.