The Process of Filing for Divorce

The process of filing for divorce.  When a marriage is unstable, the unfortunate possibility of divorce may seem imminent. Knowing the process for filing for divorce can help make this stressful and emotional time less draining. Understanding how to fill out forms, file them properly, and what information you will need before any hearing will expedite this trying processes. Make Sure You Understand the Legal Requirements of Your Area Although many states will have similar requirements and standards required to file for divorce, some states differ in their procedures. Consulting your divorce attorney or going to domestic court to inquire about local requirements will save you a lot of trouble. File the Most Thorough Divorce Petition Possible Ohio is a “no-fault” divorce state. Even in cases of abuse/adultery, you can allege adultery or extreme cruelty as grounds, but they are considered as no-fault grounds. Pursuant to Ohio Revised Code section. 3105.01 Divorce causes. The court of common pleas may grant divorces for the following causes:

• Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
• Willful absence of the adverse party for one year;
• Adultery;
• Extreme cruelty;
• Fraudulent contract;
• Any gross neglect of duty;
• Habitual drunkenness;
• Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
• Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
• On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
• Incompatibility, unless denied by either party.

If you have children, there are various child support and child custody papers you will need to complete. Consulting your attorney about these papers is necessary, as they will help ensure you have included every needed detail. Serve the Divorce Papers For a divorce to officially begin, you must find a way to “serve” the divorce papers to your spouse. Unfortunately, you will not be able to serve these papers to your spouse yourself. Find an adult friend who can do so for you, or hire a professional service that specializes in serving divorce papers. If you are involved in a “fault” divorce that came about because of domestic violence, you should seek police assistance. Undergo Mediation and Settlement before the Trial If both parties are willing, mediation can be useful in reaching an agreement both parties will find ideal. In some states, it is required that divorcing couples undergo mediation before the trial in order to reach an agreement on sensitive assets such as property, as well as the visitation rights for their children. Professionals such as “alternative dispute resolution” specialists can help make this process go smoothly. Attend the Trial and Appeals Not every divorce case will have this step, but if you are required to attend a trial or appeal, you need to be prepared. Preparing evidence, witness testimony, and other useful resources can help you convince the Judge to decide on the settlement that is best for you. If any modifications are needed or wanted to a “divorce judgement,” you will need to enter the appeal process.