A complaint for divorce may become necessary when the husband and wife cannot agree on a divorce or cannot accomplish a dissolution because the spouses cannot agree on how to handle property division and spousal support.
A divorce can be either contested or uncontested, which are explained below.
A Domestic Relations court may grant a spouse a divorce for the following reasons:
When a divorce complaint is filed in Portage County or Summit County Domestic Relations Court, the court will normally place mutual restraining orders into effect until the divorce is finalized.
Both spouses in the divorce case are restrained from:
Either spouse may ask the Domestic Relations court for a Temporary Hearing, which is typically held in front of a Magistrate, who makes orders concerning such issues as parental rights, responsibilities, and support.
The court may order one spouse to move out of the marital residence. Temporary Orders will generally remain in effect until the divorce case ends or the Domestic Relations court modifies the terms of the Temporary Orders.
The spouse filing the complaint for divorce is deemed the Plaintiff and must have resided in the State of Ohio for at least six months prior to the filing of the complaint for divorce with the court. They would also need to be a resident of Portage or Summit County for 90 days before filing the divorce complaint in the appropriate county Domestic Relations court.
The person being sued for divorce is called the Defendant and has 28 days after being served with a copy of the divorce complaint to file his or her Answer if that spouse wants to contest the divorce. If the Defendant wants the divorce to be awarded to him or her, then that spouse may choose to file a Counterclaim with his or her Answer.
If the Defendant does not file an answer after being served with the complaint for divorce, the Domestic Relations court will schedule the case for an uncontested trial. The person filing the divorce complaint (Plaintiff) must appear, with one or more witnesses, to testify about the grounds for divorce, the value of marital assets, debts, and spousal support.
If the Defendant does file an answer after being served with the complaint for divorce, the case is deemed contested. The Domestic Relations court will schedule one or more hearings (pre-trials) to determine which issues cannot be resolved and what action should be taken in the interim period. Eventually, a trial will be scheduled to address issues that cannot be settled in the divorce action.
Our divorce lawyer handles all issues relating to Domestic Relations and Child Custody. You can contact her at 330-296-8000 (Ravenna Office) and 330-686-2890 (Stow Office) to book your case review.
I loved working with Heather. I was going through a divorce after a thirty-year marriage and I was scared and confused. I initially was working with a different lawyer at a different firm, she was scattered and never got back to me when I had questions. Someone referred me to Heather Dyer and from the first conversation, I felt safe and heard. She was there for me every step of the way, answering my questions in a logical, caring way. I love the way she gets things done and doesn’t mess around dragging things out. When I had to have meetings with my ex-husband and his lawyer she impressed me with her strength and knowledge. She was there for me. I would recommend Heather to everyone I care about.
And in the future, if I ever need advice, she is the one I will turn to.
– Caroline Kilbane
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