At Gertz & Rosen, we understand that the process of divorce can be emotionally demanding and legally complex. To help you navigate this difficult time, we have compiled a step-by-step guide to the typical steps involved in the divorce process in Ohio.
Before initiating a divorce, you must ensure you meet the legal criteria. Either you or your spouse must live in Ohio for a minimum of six months and in the county where you’re filing for at least 90 days in order to file for divorce. It would be a good idea to gather detailed information about your financial situation, including income, expenses, assets, and debts.
Once prepared, you will need to complete and submit the relevant divorce forms to court. After filing, your spouse must be notified of the divorce proceedings and receive a copy of the forms – a process known as ‘serving.’
Your divorce will address issues like who gets to live in the marital home or where children will live, but the divorce process can take time. While waiting for the divorce to finalize, you may file requests for “temporary orders,” which dictate responsibilities such as child custody or debt payments. If there are disputes regarding temporary orders, a hearing may be held to resolve the issues.
During negotiations, you might undergo the discovery process. This involves exchanging information like tax returns or bank account details. This is often required. Your attorney can advise you on the benefits or costs of pursuing discovery.
Some courts may ask you to work with a mediator to reach an agreement, especially on parenting issues. While the mediation session may be required, reaching or accepting an agreement during the process is not. If an agreement is reached, your finalized plan can be presented to the judge. The spouses and their attorneys may also engage in negotiations at any time in the divorce process to try to reach an agreement.
Most divorces are resolved through settlement. But if the spouses cannot reach an agreement on their own, the judge will review the evidence and issue a decision based on Ohio law. Once approved and signed, the “Judgment Entry for Divorce” is filed with the court, and your divorce will be finalized.
At Gertz & Rosen, we are here to support you through your divorce process. We are committed to ensuring your rights are protected and your interests represented. Contact us today for professional assistance with your divorce and family law needs.
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