The Basics of Filing for Divorce in Ohio
In order to file for divorce, you and/or your spouse must have been a resident of the state of Ohio for at least the past six months and of the county in which one of you live for at least 90 days. There are some limited exceptions that your attorney can explain.
Where to File
At times, a person will be able to choose the venue for filing. The best divorce attorneys will help you decide when to file and where to file. Divorce attorneys should always know the local rules and tendencies of local judges and magistrates. Warren County, for example, typically allows a plaintiff to obtain temporary orders including, but not limited to, custody, parenting time, child support and spousal support to be issued within a day of the initial filing. If you are in need of emergency temporary orders, it is important that you file as soon as possible.
When a divorce has been filed, the Clerk’s office will prepare a summons and the plaintiff is required to obtain proper service on their spouse. There are a number of ways to serve a person but the most common are: personal service; the Sheriff’s department; certified mail; and publication.
As soon as service is perfected, your spouse has 28 days to file an Answer and a Counterclaim, if they choose. If a Counterclaim is filed, then the plaintiff has 28 days to file a Reply.
The Complexity of Divorce
Numerous motions can be filed between the initial divorce filing and termination of the marriage. A good divorce lawyer will help guide you through the divorce and tell you what to expect throughout the process. While some divorces proceed in a predictable manner, many include complications and disagreements. Navigating the divorce process without an attorney you can trust can be difficult or even impossible.
With Rittgers Rittgers & Nakajima by your side, you can move forward with the confidence that your divorce is being handled correctly. We can help you make the important decisions that will shape your divorce and could affect you for years to come.