Divorce in Ohio, Explained:
Legal Terms and the Timeline You Should Know
Ending a marriage is never easy, but understanding the steps involved can make the
process more manageable. If you are considering terminating your marriage in Ohio, it is
important to understand the relevant legal terminology and the steps you will take
throughout this emotional journey. Whether you have small children, adult children, or no
children at all, there is a clear process for dissolving a marriage in Ohio.
Let’s break it down:
KEY TERMS YOU SHOULD KNOW
- Divorce - This is the legal process used to end a marriage in Ohio. Often times this process is contested, meaning not all issues have been resolved or agreed upon when an action for divorce is initiated.
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Dissolution - A Dissolution is filed jointly when both spouses agree on all key terms of the divorce before anything is filed with the court. This includes mutual agreement on:
o Division of property and debts;
o Spousal support (alimony), if any;
o Child custody, parenting time (visitation), and child support; and
o Division of retirement accounts and other financial matters.
When there is nothing to litigate, the Court’s role becomes simplified in some respects: reviewing your paperwork, ensuring you comply with Ohio law, and finalizing the dissolution through a decree. This streamlined path is generally faster, less expensive, and far less emotionally taxing than a contested divorce. - Plaintiff - The spouse who starts the divorce process by filing a Complaint for Divorce.
- Defendant - The spouse who receives the complaint and files an answer and counterclaim (if so desired).
- Party/Parties - In family law, “parties” simply refers to the people who are directly involved in a legal case. These are usually the individuals who are affected by or have a legal interest in the matter being decided. In a divorce case, the parties are the spouses.
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Parenting Plans:
- Dissolution: In a dissolution, the Court requires that the parties allocate parental rights and responsibilities in writing in a “Parenting Plan”. These plans detail how parents will share responsibilities for the child(ren) after the dissolution or divorce. These plans must address, among other aspects of parenting, specific provisions related to parenting time (days, times, etc.), exchanges (locations and transportation), child support, healthcare insurance, division of costs for healthcare expenses not covered by healthcare insurance, division of costs for school expenses and extracurricular activities, which party may claim the child(ren) on his or her tax returns and when they may claim them (all years, odd numbered years, even numbered years, etc.), how vacations and holidays will be divided, etc.
- Divorce: In a divorce, the parties may request “Shared Parenting” by filing a proposed shared parenting plan which allocates parental rights and responsibilities, and request the Court to adopt it. - Parenting Time: This is the time a parent spends with their child(ren) after a separation or divorce. The goal of parenting time is to make sure the child(ren) continue(s) to have a meaningful relationship with both parents, unless there is a reason which would make that unsafe or not in the child(ren)’s best interest.
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Custody: Custody refers to the legal decision-making power as it relates to the care and maintenance of a minor child. In other words, it includes the right to direct the child(ren)’s activities and make decisions regarding the child(ren)’s upbringing. Ohio law authorizes the Court to (a) designate one parent the residential parent and legal custodian of the child(ren) or (b) award Shared Parenting.
o Designating one parent the Residential Parent and Legal Custodian (commonly referred to as “Sole Custody”): When this happens, one party has the ability to make major life decisions for the child(ren). Major decisions include education, healthcare, and religious training.
o Shared Parenting: If either party or both parties make a request for Shared Parenting and file a Shared Parenting Plan, AND the Court finds that shared parenting is in the child(ren)’s best interest, the Court may award the parties Shared Parenting. When Shared Parenting is awarded, both parties jointly participate in major decision-making concerning their child(ren), such as school choice, medical treatment, and religious events.
If the parties are unable to reach an agreement, the parenting plan will often require the parties to mediate. If the issues are unable to be resolved by way of mediation, either party may file a motion with the Court to decide the issue. Minor day-to-day decisions such as daily homework or caring for a minor injury will be made by the parent exercising parenting time with the child(ren). -
Spousal Support: Previously known as alimony, spousal support is the financial support of one spouse by the other. Spousal support is discretionary in Ohio, meaning the Court will weigh several factors before deciding Spousal Support, including (amongst other factors):
o income and earning abilities of each party;
o the duration of the marriage;
o the standard of living established during the marriage;
o the age and health of both spouses;
o any disparities in education or job training;
o whether one party contributed to the other’s education or career advancement;
o In cases involving minor children, the Court may assess whether a parent’s caregiving responsibilities affect their ability to work; and
o Tax consequences, retirement benefits, and any lost earning potential due to marital roles may also influence the analysis.
Ultimately, the Court will approach each case based on its unique facts and circumstances in an effort to issue an order that is reasonable and appropriate both as to (a) the amount of spousal support ordered, and (b) the duration of the spousal support award.
In weighing the above factors, both parties are presumed to have contributed equally towards the production of marital income.
Lastly, Spousal Support may be ordered as a gross sum or in installments. - Property Division: The process of dividing marital assets and debts, including real estate, personal property, business interests, etc. Certain types of retirement accounts, like a 401(k) or a pension, must be divided pursuant to a Qualified Domestic Relations Order (“QDRO”), which is a court order that tells the retirement plan administrator (i.e., the company managing the 401(k) or pension) how to divide the retirement benefits between the two spouses. In some cases, certain assets or debts held by a spouse may not be subject to division by the divorce court.
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Mandatory Disclosures, and Affidavits of Property and Income & Expenses: This is a process required at the beginning of any divorce, where records and documents must be exchanged related to the Parties’ assets, income, and debts.
Also, each spouse must complete affidavits detailing their income, expenses, assets, and liabilities prior to being able to file. These affidavits are executed under oath, promising the information is true.
Ultimately, the parties must fully disclose their financial information, such as income, expenses, assets (like bank accounts or property), and debts. This helps both sides, as well as the Court, understand the couple’s financial situation so equitable decisions can be made about issues such as property division (division of assets and allocation of liabilities), child support, and/or spousal support. - Discovery: Discovery is the fact-finding part of the process once a divorce action has been filed. Each party will have the opportunity to request that the other party answer specific questions called “interrogatories” under oath, make requests for documents, and request that the other party either admit or deny specific facts under oath. Additionally, subpoenas may be issued to request records from third parties (banks, investment accounts, etc.)
- Motions: Motions are written documents that are filed with the court when one party in a case asks the court to make a decision about something in the case. Motions include a Notice that tells the other party and the court what issue is being brought and when. The Motion explains what the movant (the person who filed the motion) is asking the judge to do (for example: establish temporary custody, set child support, enforce a court order, etc.). After motions are filed, a party served with that motion has time to respond in writing and the motion is set for a hearing. In some limited instances, the Magistrates/Judges may also decide based on the motion and any response filed without a hearing, depending on the subject matter of the motion.
- Mediation: Mediation is a process where a neutral third party, called a mediator, helps parties work together to resolve disputes. This can include issues like child custody, parenting time, and property division. The goal is to reach a fair agreement without going to court. Mediation is confidential and focused on cooperation rather than conflict. If successful, each party ideally has some level of control in the outcome of the agreement. A mediation can often take place more quickly in time than a trial or hearing due to the Court’s calendar and most certainly can save both parties a significant amount of money in legal fees.
- Separation Agreement: A written contract between two people (usually spouses or partners) that outlines how they will handle important issues after separating or divorcing. It is a way for them to agree on things without going to court, or to settle their case before a trial happens. Once both parties sign the agreement, and a judge approves it, it becomes legally binding, meaning both parties must follow what it says—just like any other court order.
- Hearing: This is a formal evidentiary proceeding where both parties are permitted to present evidence—including sworn testimony. The judge listens to the evidence presented by both parties regarding one or more specific issues before making a decision on those particular issues. Hearings can cover topics like child custody, child/spousal support, parenting time, or property division. It is not a full trial because it only focuses on some of the outstanding issues, but it is an important step where the judge gathers information to make fair rulings.
- Trial: A trial in family law is the final step in a case in the event the parties cannot agree on issues like custody, support, or dividing property. At trial, both parties present evidence, call witnesses, and make arguments in front of a judge (there is no jury in family court). After hearing everything, the judge makes a final, legally binding decision. Trials are more time-consuming than hearings.
- Decree: This is the court order that the judge signs to finalize the divorce and formally end the marriage. Until the decree has been signed by the judge and journalized by the Clerk of Courts, the parties are still married. When the decree is entered, the marital status of each former spouse is restored to “single” or “unmarried.” In Ohio, the decree may also be used to change the name of one or both spouses to the name they had before the marriage.
STEPS FOR DIVORCE IN OHIO
If you have children, the divorce process is a bit more complicated due to the need to address custody, child support, and parenting time. If you do not have children or your children are adults, the divorce process can be a bit simpler.
Here is what you need to know:
1. Meet the Residency Requirement:
– Divorce: In Ohio, the Plaintiff must have been a resident in the state for at least 180 days immediately before the filing of a complaint for divorce
– Dissolution: In Ohio, one of the spouses must have been a resident in the State of Ohio for at least 180 days immediately before the filing of a petition for dissolution of marriage.
2. File the Complaint: The spouse meeting the residency requirements who wishes to end the marriage (the “Plaintiff”) will file a “Complaint for Divorce” in the local Domestic Relations Division of the Court of Common Pleas.
3. Serve the Complaint: The Complaint must be delivered to the other spouse ( the “Defendant”) in a specific way to be effective . This is often done through formal service by way of a sheriff’s deputy, a private process server, or certified mail.
4. Wait for the Response: The Defendant has 28 days to file a response to the Complaint. (If they do not respond, the divorce may be granted without their involvement.) However, parties should be careful, in some instances, where motions for temporary orders are filed, responsive pleadings in those cases need to be filed within 14 days of service.
5. Exchange of Mandatory Disclosures: The parties exchange certain affidavits with their initial pleadings and in addition to this, many courts have local rules requiring the exchange of records and documents for the parties’ assets and liabilities, including deeds, mortgages, promissory notes, titles, loans, statements (retirement account, bank, credit cards etc…). Times vary from court to court but it is typically within the first month or two after service of the Complaint.
6. Discovery: As explained above, either party may send requests for information to the other party during this period.
7. Hearings: If the parties cannot agree on certain issues, the court may hold a hearing and issue a decision. If parties with children cannot agree on temporary custody, the parenting schedule, allocation of bills during the pendency of the litigation etc., the court may hold a hearing to determine what is in the best interests of the child(ren). Factors like the child(ren)’s emotional needs, the parents’ living situations, and any history of domestic violence will all be considered.
8. Temporary Orders: If requested by either party with their initial pleadings and response, the court may issue temporary orders on issues such as payment of bills, temporary spousal support (during the pendency of the divorce process) temporary custody, parenting time, child support, or which party will live in the family home while the divorce is pending.
9. Negotiate the Terms: If both spouses agree on all issues such as property division, maintenance, parenting schedule, etc., they may prepare a Separation Agreement. This is a comprehensive document that outlines how each and some or every issue is resolved as it pertains to property division, allocation of debt, and spousal support. Additionally, the parties may resolve some or all issues related to the child(ren) including custody, parenting time, child support, allocation of uncovered expenses, etc.
10. Attend Mediation: If the parties do not agree upon some or all of the issues, such as custody, visitation, division of property, etc., the parties may attend mediation and attempt to reach an agreement before going to court for a trial or even a hearing. This helps resolve disputes in a more collaborative way, is more cost-effective, and helps to control the court’s busy schedule.
11. Trial/Final Hearing: At trial each party puts on evidence regarding outstanding issues, which is heard and considered by the judge or magistrate. The judge or magistrate then makes a final, legally binding decision. This step is not necessary in every case; in a dissolution (where both spouses agree on everything), the court may simply review the parties’ agreement and grant a final decree of dissolution without the need for a full-blown trial. If children are involved, the court will also review the shared parenting plan or parenting plan and determine whether it is in the best interest of the child(ren).
12. Decree of Dissolution: After all issues are decided, either by the judge or by agreement of the parties, the court will issue a final decree that legally dissolves the marriage. Once the judge signs the Decree of Divorce/Dissolution, and the Clerk of Courts has entered the decree, the divorce is official, and the marriage is legally dissolved.
TIPS FOR NAVIGATING DIVORCE IN OHIO
• Seek Legal Advice: Even if you think the divorce will be amicable and resolved by agreement, consulting with an attorney helps ensure that your rights are protected, especially if there are children or complex assets involved.
• Stay Organized: Keep thorough records of finances, potential evidence, and any legal documents. It is helpful to have everything in order when it’s time to go to court.
• Communicate Respectfully: Communication with your spouse may be difficult and awkward but you must make all efforts to be respectful. Even though it may feel justified in the moment to stand up for yourself in a text, email, or call, it will most certainly be misconstrued, especially in a high-conflict divorce, and will be used against you in court. Take a breath, be smart, and don’t give them ammunition to use against you.
• Focus on the Kids: If you have children, remember that their best interests are the primary focus of the court. Try to keep the process as calm and cooperative as possible for their sake.
• Emotional Support: Divorce is a challenging time emotionally. Reach out to friends, family, or a therapist for support during the process.
In Conclusion
Getting a divorce in Ohio may feel overwhelming, but understanding the terminology and procedure can make navigating the process much easier. No matter your situation, Brown Carrington is here to help guide you through the process and help ensure that your dissolution of marriage is as smooth and straightforward as possible. If you have any questions or need further guidance, please contact us to schedule a consultation with one of our skilled family law attorneys.
Written by: Samuel Patry
Approaching 17 years of practice, Samuel D. Patry began to limit his law practice to matters related to family law in 2015, after gaining valuable experience in the areas of small business representation, commercial litigation, and estate planning.
This comprehensive experience coupled with Samuel’s passion for litigation have not only provided him an advantage in sophisticated family law litigation involving businesses and complex assets, but having begun his career as a prosecutor and serving on an inter-agency Child Abuse Response Team Samuel developed the discretion, empathy, and grit to handle even the most contentious custody disputes.
Licensed in Ohio and Kentucky Samuel heads Barrow Brown Carrington, PLLC’s Cincinnati office and serves Cincinnati and the surrounding areas. Samuel also accepts select cases in Northern Kentucky and other areas of Ohio.
Learn more about Samuel here.
Edited by: Catherine Pierce
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