The state of Ohio allows you to file for divorce without the assistance of a divorce attorney. Although few would recommend getting divorced without legal representation, you can do so if you choose.
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Steps to an Uncontested Divorce in OhioMeet Residency Requirements. ... Gather Information. ... Complete the Initial Paperwork. ... File Your Paperwork with the Court. ... Pay Your Filing Fees. ... Serve the Complaint. ... Complete and Exchange Financial Disclosures. ... If You Have Children.More items...
If your case is uncontested, a DIY divorce may be a good option for you. You can fill out the forms yourself, checking your state's court website for divorce papers. Once the paperwork is complete, you just need to file papers with your local court and wait for notice of the date and time of the hearing.
Although Ohio is one of the states that recognizes legal separation, this is not a requirement for seeking a divorce. You need not have lived apart from your spouse for any amount of time or even at all (whether formally or informally).
You have to pay a fee to file for divorce. If you have a low income and can't afford the filing fee, you can use the Poverty Affidavit Form Assistant to create an additional form to file with your packet of documents. This form asks that you be allowed to file without paying a fee upfront.
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If one spouse does not agree to the divorce, Ohio law does not allow that spouse to prevent the divorce from taking place. The non-complying spouse can delay the process and make it difficult, but the refusal of that spouse to consent will not keep the divorce from occurring.
Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.
The Ohio Supreme Court guidelines say that a contested divorce case without children should be resolved within 12 months of filing, and a case involving children within 18 months. However, the most complex and contentious Ohio divorce cases may take longer to finalize.
Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.