Ohio Dissolution of Marriage and Uncontested Divorce

How To Get a Dissolution of Marriage In Ohio

In an Ohio Dissolution of Marriage proceeding, the following are required:

The Petition for Ohio Dissolution of Marriage.  It sets forth: the name and addresses of the parties; the date and place of the marriage; the names and dates of birth of any minor children of the parties and whether the wife is now pregnant; that a party has lived in the State of Ohio for more than six months prior to the filing of the petition; that there has been residency in the County for 90 days or that the parties have agreed to the case being heard in that County; that neither party is in the active duty of military service or if they are in active duty that they have signed a waiver authorizing the case to proceed to final hearing without delay; that the parties wish to have their marriage dissolved; and that the parties wish to have the Court adopt the Separation Agreement of the parties as the terms of the divorce.

Waivers of Service of Summons.  (The Clerk of Courts does not have to serve the parties with formal notice and copies of the dissolution of marriage papers.)

Waiver of Representation.  Some counties want the parties to acknowledge that they are not represented by counsel and that they are proceeding “pro se” or representing themselves.

The Separation Agreement setting forth the terms of the divorce (including all property, assets and debts of the parties).

Some courts require the filing of an Affidavit of Income, Assets and Liabilities and an Affidavit of Property.  See the page on financial affidavits for more explanation.

There are additional requirements if there are minor children between husband and wife. See the page in this website on the requirements when there are children.

For the final dissolution of marriage hearing– Judgment Entry for Dissolution of Marriage.

 

Documents Required in an Uncontested Divorce in Ohio

The Complaint for Divorce.   It sets forth: the name and addresses of the parties (the party filing for the divorce being the Plaintiff and the spouse being the Defendant); the date and place of the marriage; the names and dates of birth of any minor children of the parties and whether the wife is now pregnant; that the Plaintiff has lived in the State of Ohio for more than six months prior to the filing of the complaint; that there has been residency in the County for 90 days; that the Plaintiff is seeking a divorce, usually upon the basis of incompatibility or living separate from their spouse for more than one year (or other grounds such as gross neglect of duty and extreme cruelty- which are normally not used in uncontested divorces); and what the Plaintiff is seeking—for example a reasonable division of the marital property, the allocation of parental rights regarding any minor children, child support, spousal support etc.

A Waiver to be signed by the Defendant acknowledging receipt of the divorce papers and consenting to the matter being set for final uncontested divorce.

The Separation Agreement setting forth the terms of the divorce (including all property, assets and debts of the parties).

Some courts require the filing of an Affidavit of Income, Assets and Liabilities and an Affidavit of Property.  See the page on financial affidavits for more explanation.

There are additional requirements if there are minor children between husband and wife. See the page in this website on the requirements when there are children.

For the final divorce hearing– Judgment Entry: Decree of Divorce.

 

Attorney Ruskan specializes in preparing dissolution and divorce papers for clients who are filing their own papers and want to greatly reduce the cost but still have the benefits of a lawyer interviewing the client, answering questions, and preparing papers.

It is easy to have an initial consultation at no cost.  Just fill out and submit the form below.

If You Wish To Call:  Attorney Ruskan is available by telephone usually every weekday evening from 6:30 pm to 9:00 pm, and Tuesday and Thursday mornings from 8:00 am to 9:00 am.   If you wish to discuss your case, call 440-499-6633 during these hours.  There is no fee for the initial consultation.

Interview appointments can be made during these hours, but Attorney Ruskan can accommodate you if your work schedule makes it impossible to do either an evening or an early morning appointment.

Attorney Ruskan is available should any question arise during or after the preparation of dissolution or divorce papers.  If your court should have any issue with your case, just contact him by phone or email.

Peace of Mind

For peace of mind there is no substitute for the advice and assistance of a trained and experienced Ohio Divorce Lawyer.  And at a reasonable cost!