Columbus Divorce Attorney

Within the state of Ohio, a parties’ marriage can be terminated by divorce, dissolution or annulment. Divorce is the process of terminating a marriage by the filing of a lawsuit against your spouse.

Jurisdiction and Venue

One of the spouses must have resided in the state of Ohio for more than six months prior to filing the divorce. Generally, a divorce is filed in the county where one of the spouses resides.

Grounds for Divorce

There are several “legal grounds” or reasons that a judge may grant a divorce in the state of Ohio.

No Fault Divorce

The most common ground for divorce is incompatibility. Incompatibility is considered the no fault divorce in Ohio. Both spouses must agree that they are incompatible for a judge to grant a divorce based on this ground.

Fault Divorce

If the spouses do not agree that they are incompatible, then the judge may grant a divorce based on one of the following “fault based” grounds:

adultery
extreme cruelty
fraudulent contract
gross neglect of duty
habitual drunkenness
imprisonment of spouse
other spouse living at time of marriage (bigamy)
spouses have lived separate and apart for more than one year without cohabitation
spouse is willfully absent from the marital home for one year

Divorce Process in Court – Complaint and Answer

A party initiates a divorce in the state of Ohio by filing a legal document called a complaint for divorce. A party must also file several other related documents required by the court including an affidavit listing all of the financial assets and debts and information on the minor children.

Once the complaint for divorce is filed with the court, it is then delivered to the other party by one of several methods of service including certified mail, personal delivery by process server or personal delivery by sheriff. If the party can’t be located, the court may allow for service by publication which involves printing a legal notice in a legal newspaper for a minimum number of weeks.

After a party is served with a copy of the complaint for divorce, that party then has twenty-eight days to file an answer to the complaint for divorce. That party may also file a counterclaim for divorce against their spouse.

Divorce Process in Court – Temporary Orders

Either or both parties may request that the court issue a temporary restraining order against their spouse. A temporary restraining order restricts each party from taking certain actions which would harm the other party. Such actions include: canceling utilities or insurance coverage, transferring or spending the parties’ assets and income or moving with the parties’ minor child or children.

Either or both parties may request the court to issue temporary orders. Temporary orders are court orders that govern the parties conduct during the pendency (term) of the divorce case. Temporary orders may cover the following issues:

Temporary custody, parenting time and child support for the minor children
Temporary division of marital debt and other financial bills
Temporary spousal support
Temporary health insurance
Exclusive use and possession of assets including the marital residence and automobiles
Temporary award of attorney fees and other litigation expenses

Divorce Process in Court – Discovery and Exchange of Information

Either or both parties may request an exchange of information from the other party called discovery. Discovery may include the following:

Production of Documents. Each party may request documents from the other party. Typical requests include documents regarding the assets, debts and income of both parties.

Interrogatories. Each party may request that the other party answer written questions under oath.

Depositions. Each party may request that the other party answer questions under oath at a formal meeting of the parties and their attorneys.

Appraisals. Each party may request that assets be valued by appraisals. Typical appraisals include the marital residence, pension plans, businesses and other complex assets of both parties.

Subpoenas. Each party may forward subpoenas to third parties requesting information. Typical subpoenas are forwarded to obtain information regarding bank accounts, retirement plans, credit cards and other assets and debts of the parties.

Divorce Process in Court – Pretrial

The court may schedule one or several pretrials during a divorce case. Pretrials are also referred to as “status conferences” or “settlement conferences.” Pretrials are meetings between the judge assigned to a divorce case, the parties and their lawyers. The judge will inquire about what issues are preventing the parties from reaching an agreement to settle their divorce case. The judge may give the parties some insight as to how to settle their disputes and work towards reaching a settlement on all issues in their divorce case.

In order to finalize a divorce case, the parties must reach an agreement on the following issues:

Property and Debt Division
Complex Assets
Allocation of parental rights and responsibilities for minor children
Spousal Support

Divorce Process – Trial

If the parties are unable to reach an agreement on all issues in the divorce case, then the court will schedule a trial. Divorce trials typically last a few hours to several days depending on the complexity of the issues that must be decided by the judge.

During the trial, the judge will hear testimony from witnesses and review documents and other exhibits admitted into evidence. A judge will then issue a decision on all contested issues. The judge’s decision may be immediately issued after the trial or it may take several weeks or months.

Divorce Process - Appeal

Once the judge issues a decision after a trial in a divorce case, each party has thirty days to file an appeal. The appeal is made to an appellate court to review any issues that the party believes the judge has “erred” in the decision.

Contact Us

Please contact the attorneys at Dougherty, Hanneman and Snedaker for a confidential consultation with an Ohio State Bar Association Certified Specialist in Family Relations Law regarding your family law issue. Attorneys Douglas Dougherty, James Hanneman and Robert “Chip” Snedaker are three of just ninety-nine attorneys (as of January 1, 2008) in the state of Ohio, who have earned the designation of Certified Specialist, Family Relations Law.