If you are considering a divorce, you probably want to get the process over as soon as possible. Many woIf you are considering a divorce, you probably want to get the process over as soon as possible. Many wonder, “How long will my divorce take in Ohio?” Unfortunately, there are a variety of factors that can affect it. From child custody to court backlogs, it can all impact the timeline of the divorce. Let’s look at a few factors so you can set realistic expectations during this time.
The Type of Divorce
In Ohio, you have two options: dissolution and divorce. With a dissolution, both parties agree on all terms. This can include:
- Asset division
- Child custody
- Spousal and child support
This process is faster than a contested divorce because it doesn’t involve litigation. If both parties come to an agreement before filing, it can be finalized in as little as 30 to 90 days after the paperwork is filed with the court.
A traditional divorce in Ohio occurs when spouses cannot agree on one or more aspects of their separation, making it a contested process. A contested divorce is more complicated. Many times, it requires court intervention, discovery, and possibly a trial. Often, the timeline can range from several months to over a year.
Requirements and Waiting Periods
Hopefully, you or your spouse will be a resident of the state for at least six months. If not, then you have to wait to file. Plus, you also need to live in the filing county for at least 90 days before taking legal action.
Marital Assets and Debts
In most divorces, you will need to divide the marital assets and property. That can affect the timeline. If you have significant assets, like real estate, investments, or retirement accounts, then they need to be valued and divided. Ohio follows the equitable distribution principles, so marital property is divided fairly but not always equally. That can lead to disagreements between the couple.
Child Custody and Support Agreements
If you have children, then that can lead to more time to settle. Ohio always prioritizes the best interests of the child. In these cases, it could take time to determine custody agreements that fit that requirement. Along with that, the couple will need to agree to a visitation schedule and child support payments. If both parents can come to a resolution, the divorce can proceed quickly.
However, the process can take much longer if these issues are contested. Sometimes, the courts may require a custody evaluation. With that, a court-appointed professional assesses the child’s needs and each parent’s ability to meet them. This could take months and lead to additional disputes.
Court Scheduling
Even if everything seems resolved, you may still need to go to court. In some situations, the court system can experience scheduling delays. Often, this is due to high case volumes, especially in larger counties. If there is high demand, then your case could be put off for a couple of weeks or months. Even in less congested counties, court schedules are often tight. Any unexpected delays can push back finalization dates.
A General Timeline for Ohio Divorces
In most cases, a dissolution is completed within three to six months. If you have a contested divorce, then you may have to wait. With that, the timeline can range from six months to over a year. Of course, that will depend on the complexity of the case and court availability.
Our Legal Team Can Help with Your Ohio Divorce
How long will my divorce take? After deciding to end the marriage, you can expect a few months to finalize the divorce. When you know what to expect, it can lead to a less stressful process for you. Reach out to an experienced Ohio family law attorney to discuss the specifics of your case.If you would like to learn more about the possible timeline in Ohio, contact the legal team at 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.