Getting a Divorce in the State of Ohio

 

The ending of a marriage can be a sad and uncertain time. At Wagner Law, we are here to make the process more manageable. 

In the State of Ohio, there are three ways to end a marriage: divorce, dissolution, and annulment. This post will cover divorce and dissolution (traditional and collaborative). 

In order to end your marriage in the State of Ohio, you must be a resident of the state for at least 6 months. You must reside in your county for at least 90 days. If you and your spouse live in two different counties for at least 90 days, you have a choice of which county to file in. 

Divorce

Divorce is when you and your spouse cannot agree on anything and need the court for guidance. A divorce without children can take up to one year. A divorce with children can take up to 18 months. 

The divorce process is started when one spouse files a complaint for divorce with the court. 

Pro's of divorce: the court can offer guidance; you are on a timeline. 

Con's of divorce: can be expense, your life is in hands of the court. 

Traditional Dissolution

A traditional dissolution is when you and your spouse agree on most everything. This process is done out of court. Negotiations can take place to figure out all terms. It is common for one spouse to not be represented. Once all of the terms are agreed upon, a petition for dissolution is filed with the court. One five minute hearing takes place 30 to 90 days after the petition is filed. Both parties must show up to court for the final hearing. 

If one party cannot show up to court for the final hearing, you can use the dissolution process, but file what is known as a non-contested divorce. 

Pro's of dissolution: can be cheaper; everything is done outside of court, you control what goes in your agreement

Con's of dissolution: no timeline, the court cannot offer guidance, there is always the threat of litigation. 

Collaborative Law

Collaborative law is a process similar to a traditional dissolution. There are key differences though. You and your spouse sign an agreement to stay out of court (with the exception of the final hearing). Both sides are represented by a lawyer with collaborative training. Other collaborative professionals are brought in, such as a mental health specialist and/or a financial specialist to help the parties reach an agreement. Everyone is trained to not be adversarial. Instead, collaborative is meant to be more therapeutic.  

Once an agreement is reached, collaborative is filed just like a traditional dissolution. 

Pro's of collaborative: an agreement is signed to stay out of court, you control what goes in your agreement, no threats of litigation.

Con's of collaborative: no timeline, the court cannot offer guidance, can be costly.

Call Amie Wright at Wagner Law: 513-336-7200 to schedule a consultation.