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 supporrt.
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, 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.
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.
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The attorneys in our law firm primarily service Portage County courts (Ravenna and Kent), and Summit County courts (Akron, Stow, Barberton). Cases in all other courts in North East Ohio, such as Cuyahoga County courts, are handled under specific terms and conditions.