Uncontested Divorce in Ohio

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Divorce is certainly one of the most important decisions in anyone's life. This decision impacts not only the lives of the divorcing partners but also their children. Moreover, this impact lasts for a long time. These procedures are accompanied by financial loss, emotional upheaval and continued stress. If these three issues are to be minimized, then the route of a mutual separation should be chosen by the divorcing partners. This is a very smooth path of terminating the disturbed marital life. In the US, this type of dissolution has become popular to such an extent that more than 95% of the cases are fought in this way. You may hail from any state of the nation, but you can apply for an undisputed case while following all the procedures and completing the legal formalities as defined by the state laws. Similarly, Ohio has made state laws pertaining to domestic issues so that the separating couples can opt for separation in ways that they prefer. In order to get an uncontested divorce in Ohio, one has to follow the procedures as defined by the state laws.

There are three means of ending a marriage in Ohio – annulment, divorce and separation. Couples may go for dissolution in contested and mutual ways. In order to file a case, the Petitioner must be a resident of the state for a period of six month. In addition to this, they must also live in the county, where the action is filed, for three months before filing for the case.

Grounds for Uncontested Divorce in Ohio

Such dissolution action can be filed on the basis of fault or no-fault grounds:

Fault grounds

  • Imprisonment
  • Habitual drunkenness
  • Gross neglect of duty
  • Fraudulent contract
  • Extreme cruelty
  • Adultery
  • Willful absence from the home for 1 year
  • Bigamy
  • Out-of-state divorce

No-fault grounds

  • Residing apart and separate in the absence of cohabitation for 1 year
  • Incompatibility

Procedure of Uncontested Divorce in Ohio

The court action starts when the Complaint along with the Notice of Service of Process and the Summons are filed. Certified mail can be used for Notice of Service. However, if this method fails, the Plaintiff must arrange to personally deliver the notice and Summons to the Defendant. This can be accomplished through a private process server or a sheriff.

Along with the Complaint for Divorce, the Plaintiff may file some of the below mentioned forms depending on the nature of the case:

  • Shared Parenting Arrangement
  • Health Insurance Disclosure Affidavit
  • Child Support Worksheet
  • Information for Parenting Proceeding
  • Affidavits in Compliance with O.R.C. 3109.27
  • Financial Disclosure Affidavit
  • Waiver of Legal Representation
  • Health Care Order
  • Spousal Support Deduction Notice
  • Waiver of Service of Summons
  • Health Care Verification

After the Defendant has been served, he or she may respond and file an Answer and make a counterclaim. Additionally, the Defendant may file a Financial Disclosure Affidavit and answer Interrogatories. In Ohio, the Defendant is provided 28 days to answer the Interrogatories.

If the Defendant has signed a Waiver of Service, the case may proceed in an uncontested manner and there is no need to serve the Defendant.

Sometimes, it is seen that the Defendant refuses to provide a response to the Complaint; but this does not indicate that the dissolution would continue by default. In spite of the failure of the Defendant to offer a response, a hearing is scheduled and held. At this hearing, the Plaintiff ought to endorse the allegations by furnishing proofs.

It is frequently observed that before the case reaches the hearing stage, the divorcing partners are successful in resolving their differences. In such circumstances, if the case has begun as a contested one, it gets converted to an undisputed one. Now the Decree of Divorce is titled as Agreed Judgment Entry. Alternatively, the divorcing partners can transform the action to a dissolution case.

In Ohio, dissolution is always undisputed. In addition, it is always based on the no-fault grounds. The divorcing couple receives a no-fault termination of their marital status in dissolution. In this process, the marriage is ended by mutual consent and the court does not make any decisions it might have made in a contested case.

What is mentioned here is a brief study done on uncontested divorce in Ohio. You may have many queries related to your case. So research more on your own or consult an attorney. But don't forget to take down notes of these points. Keeping the basic concepts in mind will help you in fighting your case smoothly without facing any major obstacles.

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