Choosing to end your marriage is an important decision. But does it matter who files for divorce in Ohio? While the outcome of a divorce will be settled based on Ohio law, filing first could give you a strategic advantage in some instances. Let’s look at why you may want to take the initial action when it comes to filing for a divorce.
Psychological and Emotional Impacts
In many cases, the mental impact of being the first to file for divorce can play a major role in the process. When you file first, that can give you a sense of control over the situation, and you might feel a little more empowered during the process.
Unfortunately, the spouse being served with divorce papers may have feelings of shock, betrayal, or frustration, especially if they were unaware that the divorce was imminent. If you are on good terms with the other spouse, you may want to discuss your plans before filing the paperwork.
Financial Implications
For those worried about their finances, should you file first? In these cases, it doesn’t matter who initiated the divorce. Ohio courts still must follow the established legal guidelines to divide marital property and debts equitably. Also, child and spousal support are determined based on legal formulas and the financial circumstances of each spouse. Once again, filing first does not matter in these cases.
However, if you do file first, you will need to pay the initial filing fee. These costs can vary, ranging from $200 to $400. While this fee is small, it is something to keep in mind.
Strategic Advantages
In these cases, filing first can provide a few potential strategic advantages. For example, the spouse who files for divorce has some say over where the case will be heard. Under Ohio law, the divorce must be filed in the county where either spouse resides. If the spouses live in different counties, the filing spouse gets to choose where the divorce will proceed.
Along with that, if you have a contested divorce, you are the plaintiff. That means you get to present your case first in court. While the other spouse, who is the defendant, will have plenty of opportunity to present their side, going first can sometimes set the tone of the case.
Plus, you will not be caught off-guard. Being the first to file allows you to prepare mentally, emotionally, and financially for the process.
Possible Impact on Settlement Negotiations
Filing for divorce first can help you set the stage for settlement negotiations. Divorce can often be resolved through negotiation or mediation rather than trial. When you file first, you might be able to outline your desired terms for property division, child custody, and support from the beginning. All of this can help you steer the course of the negotiation process.
However, most divorce cases are settled based on Ohio law, not on which spouse initiated the process. Most of the time, these courts want to make sure that the final outcome is fair and equitable to both parties.
Will You Need to File First?
In most cases, who files for divorce in Ohio does not affect the final outcome of the divorce. Property division, spousal support, and child custody decisions are all made based on Ohio law, not on which spouse files first.
However, there are certain emotional, strategic, and financial considerations that may make taking the first step a little advantageous for some individuals. If you are ready to start the divorce process, reach out to Axelrod Law Office in Lake County, OH. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.