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Divorce filing requirements

On Behalf of | Nov 17, 2022 | Divorce

A marriage could run into problems that make the union untenable. Both spouses may agree to divorce, but they might need help figuring out where to file. Those recently taking up residence in Ohio might need to file for divorce in their previous state. Such news could surprise those hoping to move forward with divorce proceedings swiftly.

Divorce and residency

Divorce is a legal process that occurs in a state’s court system. So, filing for divorce involves submitting paperwork to the court and serving divorce papers to the other spouse. Serving papers often occurs when one spouse files for divorce, although both spouses might intend to file.

Filing for divorce in Ohio involves filing a petition in the Court of Common Pleas, where the petitioner resides. The petitioner must understand that there are residency requirements that factor into the process. The petitioner must maintain 90 days of residency in a specific county to file divorce papers in the county’s courts.

A state residency requirement also plays a role in filing for divorce. Under current law, anyone filing for divorce in Ohio must be a resident of the state for six months.

Filing for divorce

In some situations, the petitioners could face requirements to prove their residency. Anyone who lived in Ohio for six months and in a specific county for 90 days could likely compile the proof necessary to verify their situation. Apartment leases and addresses on tax or bank account records may confirm the requirements.

Those who do not meet current residency requirements may wait until they do. If the time required is not too long, delaying the divorce could be an option in an amicable divorce. The spouses could use the time to prepare their settlement agreement. Others might file where they are legally allowed to do so immediately, based on their circumstances.

If you plan to file for divorce in Ohio, check the residency requirements first.