Divorce in Cincinnati could lead to complexities. No two divorce processes are the same. The divorce process varies from couple to couple. The more time you are married, the more complex your divorce process can be. This is because of multiple issues that have to be sorted out like child custody, property rights, debt allocation, child support, spouse support, and many others.
If you are filing a divorce in Cincinnati, Ohio, you can expect to follow the following procedure.
Filing the Divorce Petition
Any of the two spouses who want to seek divorce (whether on mutual consent or not) has to file a legal petition in the court informing and asking the court to end the marriage.
The filed petition should include necessary information like:
- Proof that at least one of the spouses meets the state’s residency requirements through a valid statement
- The reason for filing a divorce is reasonable within the legal grounds
- Other mandatory information the Cincinnati divorce laws
In Cincinnati, Ohio, the state’s minimum residency requirements require at least one spouse to have resided in the state for at least six months before filing the petition. Also, one spouse should be living in the same country for at least 90 days.
In Cincinnati, Ohio, a spouse can file a no fault-based, at fault-based or dissolution. For example, if both the spouses have been living apart for more than a year and think it is no longer compatible with living together, a no-fault divorce petition can be filed.
On the other hand, for filing a fault-based divorce in Cincinnati, some of the legal grounds on which a divorce petition can be filed include:
- One of the remarried spouses still have a living spouse
- Wilful absence of one of the spouses from more than a year after marriage
- Imprisonment of one of the spouses
- Cruelty/physical abuse in the relationship
- Getting away from martial duty
- Void marriage contract
- One of the spouses filed a divorce petition in another state
Apply for Temporary Orders (If Needed)
In case of multiple issues associated with divorce in Cincinnati like child custody, spouse support, and child support, the court allows you to apply for temporary orders.
This allows spouses to continue receiving child support or spousal support in terms of finance during the time in which the divorce is still in its processing period.
When a spouse applies for a temporary order, the court holds an early hearing by calling both the spouse. The court acts as a mediator and gains information on if the temporary order should be granted or not. If granted, it remains valid until the next court order or until the divorce is not finalized.
Serving the Spouse
The spouse who files for the divorce and temporary orders must send a copy of the paperwork to the other spouse. Also, the filing spouse is responsible for filing the proof of service with the court.
Proof of service is a document that conveys to the court that you send a copy of the divorce petition to your spouse as per proper statutory requirements.
Failure to perform any of the two requirements above can even allow the judge to cancel your divorce petition.
The Receiving Spouse Response
Next, the filing spouse waits for the receiving spouse’s response on the divorce in Cincinnati. The spouse or party that receives the petition is known as the defendant or respondent. The receiving spouse has to answer or respond back to the petition within a stipulated time period.
If the receiving spouse failed to respond within the specific time, the case would result in the ‘default’ judgment. The outcome will then be difficult for the non-responding spouse to reverse.
The receiving spouse has all the right to defend his case if it’s a fault-based case. The case, allegations, disagreements, custodial rights can be challenged before the court of law. In such circumstances, the party can choose to hire an experienced divorce lawyer to handle the case.
Settlement Through Mediation
Wherein both the spouses don’t agree on the divorce and its terms straightforwardly, the court may ask both the parties to reach an agreement through mediation.
In the mediation process, both the spouses and their respective lawyers are asked to meet by a neutral third party. Thus, mediation helps in reaching an amicable and positive outcome.
Final Trial and Judgement
When the process of mediation fails, the final decision is taken in the court through a trial. The decision by the judge of the court stays final if the case goes to trial.
So, this is how divorce in Cincinnati works. If you or someone you know is passing through a rough patch in relationships and seeks divorce, contact our experienced professionals today.