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, child custody, child support and spousal support.
In order to obtain a divorce in Ohio the complaint for divorce must state the grounds for the divorce. Regardless of whether you and your spouse have children together, the following are the possible grounds for divorce in Ohio under Ohio Law.
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.
The following are some examples of the types of things that both spouses are prohibited from doing while the case is pending. 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, at which 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, and 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 time period. Eventually, a trial will be scheduled to address issues that cannot be settled in the divorce action.
When children are involved in divorces, the Domestic Relations court takes extra precautions to ensure that the children are not adversely affected by the divorce. Most Domestic Relations courts require parents to separately attend a parenting class regarding this matter.
In addition to determining the division of assets and debts, the Domestic Relations court must also determine the allocation of parental rights and responsibilities. This includes determining whether there should be shared parenting or sole custody, visitation schedules, and the allocation of expenses for the children, including child support.
Our divorce lawyer handles all issues relating to Domestic Relations and Divorce with Children. You can contact us at 330-296-8000 (Ravenna Office) and 330-686-2890 (Stow Office) to book your case review.
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