Getting divorced in Ohio requires approval from a judge, even if you and your spouse agree on the terms. Couples who have children are typically able to finalize their divorce within four to 12 months. If you have children, then the process could take up to two years.
Before you start the divorce process in Ohio, you should check that you’re eligible. When one of the partners is pregnant, Ohio requires that the couple wait until after the baby is born to finalize the divorce. You can, however, get the divorce process started during the pregnancy.
Another eligibility requirement is you must have lived in Ohio for at least six months. Within a county, you or your spouse must have lived there for at least 90 days to file for divorce.
If domestic violence is going on in your marriage, then your process for divorce will be different. You should collect evidence of domestic violence to prove your case in court. Evidence may include pictures of your injuries, police reports, recordings of 911 calls, medical reports and emails and text messages.
Fill out your county’s divorce documents once you’re ready to file for divorce. Ohio allows you to file in your spouse’s county if they have lived there for 90 days, but you must choose just one county. Answer all questions honestly because there’s the potential for the judge to investigate it.
You could request temporary orders while waiting on your divorce to finalize. Temporary orders legally oblige you and your spouse to payment of debts and a child custody schedule.
You may have to attend a hearing to get a temporary order. There could also be a pre-trial hearing or a settlement conference. You would let the judge know what you and your spouse agree on for the division of your property. If you and your spouse agree on everything and the judge agrees that it’s a fair settlement, then they will finalize your divorce.
The divorce process in Ohio involves forms, hearings and approval from the judge. How long it takes depends on the complexity of your case and whether you have children.