Ohio Divorce Procedures

When one divorcing partner files a Complaint, such a person is called as a Plaintiff and it is said that the divorce procedure has begun. The other divorcing partner is known as the Respondent. The Complaint must allege the following.

• The Plaintiff has lived in this state for minimum 6 months immediately before the filing date
• Date and location of marriage
• Names and birth dates of minor children, if any
• Minimum one statutory ground of divorce
• A demand for a relief being requested from the court

Ohio Divorce Procedure after the Complaint

The divorce papers are served to the Defendant. The intention of this action is to bring the Defendant within the jurisdiction of the court. The next step is that the Defendant must file an Answer to the Complaint. In the Answer, the allegations made by the Plaintiff in the Complaint must be denied or accepted. In case the Defendant denies the allegations, such a Defendant has the right to mention any defenses.

Apart from the Answer, the Defendant can also file a counterclaim. In this document, the Defendant can mention any claim against the Plaintiff. After the filing of any counterclaim, the Plaintiff is expected to file a Reply. In this document, the Plaintiff reserves the right to deny or admit the allegation stated in the counterclaim and put forth any defenses.

Responsibility of Judge in Ohio Divorce Procedure

The divorcing partners initially submit all the relevant documents and data pertaining to the case to the Judge. The Judge also has several expert reports that have been ordered while the divorce case was pending. It is the responsibility of the Judge to oversee hearings and trials during which witnesses (inclusive of expert witnesses) are presented, testimonies take place and other related proofs are presented.

If a guardian ad litem (GAL) has been appointed, the Judge takes into account any recommendations of the GAL. If it is felt apt and beneficial, the Judge takes the interviews of the children. The final work of any Judge is to consider the evidences put forth and arrive at a decision that is compatible within the framework of the law.

The procedure of Appeal

Sometimes a divorcing partner feels that the final decision of the trial judge is not satisfactory. Then, this divorcing partner has the option of appealing this final decision in the Court of Appeals. In the year 2005, the Appeal procedure generally required about 10,000 to 15,000 USD. One should not be mistaken assuming that an Appeal would certainly be successful.

Usually, the divorcing partner states in an Appeal that the trial Judge has misapplied the law in making the final conclusion or has abused the discretion. The divorcing partner should never consider the Appeal as a new trial. This is a totally disparate procedure and a legal proceeding in strict terms. In an Appeal, any evidence or witness is never presented. During the Appeal, it is merely speculated whether substantial justice was done during the proceeding in the trial court.

Divorce Papers