The Legal Process of Divorce in Ohio: What to Expect

Divorce is a significant life event that can be both emotionally and legally complex. Understanding the legal process can help alleviate some of the stress and uncertainty associated with ending a marriage. At Gioffre Schroeder & Jansky Co., L.P.A., we are committed to guiding our clients through each step of the divorce process in Ohio, ensuring they are well-informed and supported.

Understanding Divorce in Ohio

Ohio law provides two primary avenues for legally ending a marriage: divorce and dissolution. While both result in the termination of the marital relationship, the processes differ significantly.

Divorce: This is a contested legal action where one spouse files a complaint alleging grounds such as adultery, incompatibility, or gross neglect of duty. The process involves formal legal proceedings and, if necessary, court intervention to resolve disputes.

Dissolution: This is a non-contested, mutual agreement between spouses to terminate the marriage. Both parties must agree on all terms, including property division, child custody, and support arrangements, before filing a joint petition.

Choosing the appropriate path depends on the specific circumstances of your marriage. Our experienced attorneys can help you determine which option aligns best with your situation.

Initiating the Process

Consultation with an Attorney: Before taking any legal action, it’s crucial to consult with a knowledgeable family law attorney. At Gioffre Schroeder & Jansky Co., L.P.A., we offer comprehensive consultations to discuss your unique circumstances, explain your legal rights, and outline potential strategies.

Filing the Petition:

For Divorce: The process begins with one spouse (the plaintiff) filing a complaint for divorce in the appropriate county court. This document outlines the grounds for divorce and the relief sought, such as property division or spousal support.

For Dissolution: Both spouses collaboratively prepare and file a joint petition for dissolution, accompanied by a separation agreement detailing the terms of the settlement.

Serving the Papers

In a divorce proceeding, after the complaint is filed, the non-filing spouse (the defendant) must be formally served with the divorce papers. This ensures they are notified of the legal action and have the opportunity to respond. Service can be accomplished through various methods, including certified mail or personal delivery by a process server.

In contrast, since dissolution is a mutual agreement, formal service of process is not required.

Response and Counterclaims

Divorce: Upon receiving the divorce complaint, the defendant has a specified period (typically 28 days in Ohio) to file an answer. In their response, they can admit or deny the allegations and may also file counterclaims.

Dissolution: Both parties have already agreed to the terms, so no response is necessary.

Discovery Phase

The discovery phase involves the exchange of information between spouses to ensure full transparency regarding assets, debts, income, and other relevant matters. This process may include:

• Interrogatories: Written questions that require written answers under oath.
• Requests for Production: Demands for documents such as bank statements, tax returns, and property deeds.
• Depositions: Oral questioning under oath, recorded for potential use in court.

Negotiation and Settlement

Many divorce cases are resolved through negotiation, allowing both parties to reach a mutually acceptable settlement without the need for a trial. Mediation or collaborative law approaches can facilitate productive discussions, particularly when children are involved, and preserving amicable relationships is beneficial. In a dissolution, since all terms are agreed upon beforehand, this phase primarily involves finalizing and formalizing the agreement.

Court Proceedings

Divorce: If a settlement is reached, a hearing will be scheduled for the judge to review and approve the agreement. If disputes remain unresolved, the case proceeds to trial, where the court will make determinations on contested issues.

Dissolution: A hearing is typically held within 30 to 90 days after filing the joint petition. Both spouses must attend, and the judge will ensure that both parties voluntarily agree to the terms before issuing a decree of dissolution.

Final Decree

The process concludes with the court issuing a final decree:

• Decree of Divorce: Officially ends the marriage and outlines the terms decided by the court or agreed upon by the parties.
• Decree of Dissolution: Terminates the marriage based on the mutually agreed-upon terms in the separation agreement.

This decree is legally binding, and both parties are obligated to adhere to its terms.

Post-Decree Matters

After the marriage is legally terminated, certain issues may arise that require attention:

• Modification of Orders: Changes in circumstances, such as income or relocation, may necessitate modifications to child support, spousal support, or custody arrangements.
• Enforcement of Orders: If one party fails to comply with the decree’s terms, legal action may be required to enforce the orders.

At Gioffre Schroeder & Jansky Co., L.P.A., we continue to support our clients even after the final decree, assisting with any post-decree issues that may arise.

Are You in Need of a Lawyer for Divorce in Ohio?

Since 1986, GSJ Law has been dedicated to serving clients across Ohio with passion and commitment. Our philosophy is to become your lawyer for life, providing comprehensive legal services tailored to your unique needs. We understand that divorce is not easy on anyone, and we strive to make the process more bearable by offering compassionate and knowledgeable representation.