Divorce Law / Procedure
Divorce, when you hear that what comes to mind? Fighting, lying, cheating, abuse, lack of commitment. Yes, those are all bad things, but divorce doesn’t always mean for the worse. There is contested divorce and uncontested divorce. A contested divorce is when a husband and wife cannot come to an agreement on one or several issues related to the termination of their marriage. When and if the partners cannot come to agree on something they then take the issue to court for a judge to decide. Some issues of a contested divorce would be: custody of children and child support, division of assets and property, allocation of debts, alimony, and uncontested divorce. An uncontested divorce is when the partners are seeking to terminate their marriage agree on each and every item and issue related to the ending of their marriage. This doesn’t really indicate that the divorce is agreeable, but it does mean that the disagreements were solved outside the courtroom.
Divorce in Ohio
In Ohio when you file for divorce the parties must agree on all issues related to their marital relationship. A divorce is a lawsuit filed by one person against the other, asking the court to decide all matters relating to the marriage. Things like child custody, visitation rights, and child support need to be settled as well as things like property, debts, taxes, and fees. The court must then hold a final hearing finalizing the divorce between thirty and ninety days after the petition is filed. The spouse has to move out before dissolution is final, and in most Ohio courts they require separation before finalizing the divorce. The property that you have gathered during the marriage can be determined in different ways but the simplest way is to split everything 50-50. When it comes down to the children the court will choose what is in the best interest of the children. The court considers things like the wishes of the child’s parents, the child’s interaction with other...