For those thinking about divorcing, taking the first step can be difficult. You want to make sure that you do everything right. So, what is the first step in the divorce process in Ohio?
We will look at some of the first things you need to do to begin the process. Let’s walk through this initial step in more detail.
Your Filing Venue Matters
Filing the complaint is more than submitting paperwork. This is the official start of your divorce. It gives notice to the court that you want to end your marriage. Along with that, it sets up the legal process that follows.
Before you file for divorce in Ohio, one of the first things you’ll want to do is to make sure this is done in the right court.
This might sound like a small detail, but it can cause trouble for your case. In these situations, there could be questions about jurisdiction. You want to make sure a court has the authority to hear your case and make decisions about your divorce.
Under Ohio Revised Code § 3105.03, you need to meet two criteria to start the process:
Residency Requirement
You or your spouse must have been an Ohio resident for at least six months before you file for divorce. When that is met, the court has jurisdiction over your case. If no one has lived in Ohio for the appropriate amount of time, you won’t be able to file for divorce in the state.
Venue Requirement
Next, you need to file in the county where you have lived for at least 90 days. For example, if you have been in Cuyahoga County for the last few months, that is where you’d need to file. If you file in the wrong county, the court might not have jurisdiction to handle your case. In turn, that could end up delaying everything or causing you to start the process over.
Getting the jurisdiction right from the start is important. If you don’t know where to file or whether you meet these requirements, make sure to reach out to a family law attorney. They can ensure everything is in order, so your case moves forward without any unnecessary setbacks.
What Should Be Included in the Divorce Complaint?
Once you have met the residency requirements, you need to draft the complaint for divorce. This legal document starts the process. Within the petition, you will need to include:
- Your and your spouse’s name and address
- The date and location of your marriage
- The grounds for the divorce, which could be either no-fault or fault-based
- Any information about minor children you share
- What you are requesting from the court, such as property division, child custody, child support, and possibly spousal support
In Ohio, many divorces are filed on no-fault grounds. With that, you will not have to prove your spouse did something wrong. In these cases, you may cite incompatibility or living separately for at least a year as the reason for the divorce.
For those filing based on fault grounds, you need to include specific allegations and evidence to support your claim.
What Happens Next?
After you file the complaint, your spouse needs to be served with the papers. Once that is completed, they will have 28 days to respond. At this stage, the case will move forward through the negotiation and legal process.
Getting Started on the First Step of the Process
What is the first step in the divorce process in Ohio? You will want to make sure you are filing the complaint in the right venue. Your divorce paperwork kicks off the entire legal process. With that in mind, you will want to get it right from the beginning.
If you have any questions about taking that first step or any other part of the divorce process, you will want to contact an experienced divorce lawyer in Ohio. 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.