If you’ve decided it’s time to end your marriage, many questions are likely to arise about the divorce process. Familiarizing yourself with the basic steps can be reassuring. The family lawyer of Swartz Law Office has represented Batavia, OH, residents as they go through this difficult and overwhelming situation. Legal support and expert guidance help clients make sound decisions and avoid mistakes that could jeopardize their case. Below, their team reviews the fundamentals of filing for divorce in Ohio.
Steps Involved in the Ohio Divorce Process
In Ohio, the law requires that you or your spouse have lived in the state for at least six months and the county for 90 days before you can submit a petition for divorce. Ohio recognizes both no-fault and fault-based cases. If filing for no-fault, your options for grounds are incompatibility or one year of separation. There are more fault-based reasons to cite, but proof will be necessary to proceed with this course.
Each county in Ohio may have specific forms, but every file requires a Case Designation Sheet, Complaint for Divorce, and Instructions for Service. If children are involved, you will also need to provide a Parenting Proceeding Affidavit. The petitioning spouse must have all documents served to the other party.
Distribution of Property
According to Ohio regulations, both parties are obligated to reveal all income, debts, and assets in a financial disclosure. Many counties require each spouse to fill out an Affidavit of Income, Expenses, and Property and serve it on the other. Typically, any debts and property acquired during the marriage are distributed equitably, while individual property is kept separately.
Child Custody Agreement
If you and your spouse cannot come to an agreement on child custody, the issue will be decided by the court. A judge will consider numerous factors to decide which living arrangement will be in the best interests of the children. It is possible for the child’s wishes to contribute to the judge’s final decision.
There are many resources to help you through the Ohio divorce process; However, to ensure you’re following the correct procedures, it’s best to hire a lawyer to help. Donald Swartz offers compassionate advice and sensitivity to your situation. Contact the Swartz Law Office at (513) 732-0900 for a free consultation, or visit them online for more information on the family law issues they handle.