What You Need to Know Before Filing For Divorce in Ohio

May 8, 2019

What You Need to Know Before Filing For Divorce in Ohio

Whether we like it or not, sometimes we find ourselves being forced to make difficult and painful decisions. Divorce is one of those decisions that are typically seen as a last resort after all other options have been exhausted. It can be an isolating and stressful time with emotions and tempers often running high. This is especially true when there are children involved. Sometimes both people in the relationship have come to a mutual agreement to end their marriage, but in some cases, only one person in the marriage wants out, making the process even more emotionally draining and challenging.

When first starting the process, it can be difficult to gather accurate or relevant information online as each state has it’s own specific rules and laws pertaining to divorce.

While it’s highly unlikely to ever enter into a divorce being fully prepared mentally and physically, here is what you need to know before filing for divorce in Ohio:

You Must Be A Resident

In order to file for a divorce in Ohio, at least one of the two people involved in the divorce case must be a resident of Ohio, meaning they have lived in the state for at least 6 months and in the county where the paperwork will be filed for at least 90 days. The resident needs to be the one to file the paperwork, or else it will need to be filed in the state and county in which the other person in the relationship resides.

You Don’t Have To Prove Fault

Ohio is a fairly easy state to obtain a divorce, as it does not require that you list any faults for the breakdown or dissolution of the marriage. There is no need to prove that there was any instances of infidelity, abuse, harm, etc that occurred during the marriage, but rather just the consent by the couple involved that they desire to obtain a divorce.

Ohio does have an option to file a fault based petition, but it will take longer to proceed and will likely require the need for hiring divorce attorneys in Toledo, Ohio, to help you sort out your case, should you choose to go down this route.

You Don’t Have To Separate First

There are no separation requirements in Ohio, so a person can file for a divorce even if they are still living under the same roof as their soon to be ex spouse. While this isn’t necessarily recommended to file for a divorce before a physical separation, it is possible.

You Will Likely Need Some Help

While there is no legal requirement to hire a divorce lawyer in Toledo, Ohio, in order to be granted a divorce, having an experienced and knowledgeable person you can trust by your side can be a huge asset. Divorce is complicated and messy enough, and the rules and laws associated with divorce proceedings can be confusing and difficult to decipher, especially when dealing with important issues such as child custody, alimony, child support, dividing up property and assets, etc. You want to ensure that you’re not making any critical mistakes or errors that could seriously cost you down the line.

When preparing to file for a divorce it’s important to keep in mind that there may be some unforeseen challenges, issues and emotions that may emerge or come to the surface. It’s best to go into the divorce process with an open mind, knowing that you may have to expect the unexpected and roll with the punches. Contact us today for a free consultation.