Ohio No Fault Divorce

The individual, who files the divorce complaint, is known as the Plaintiff. The other divorcing partner is called as the Defendant. The major legal issues in a divorce case are the grounds of divorce, parental rights and responsibilities, spousal support and distribution of marital debts and properties.

Grounds of Ohio No Fault Divorce

• Incompatibility
• Residing apart and separate in the absence of cohabitation for 1 year

Residency requirements of Ohio No Fault Divorce

• The Plaintiff must be residing in this state for minimum 6 months immediately before the complaint was filed as well as must be residing in the county in which the divorce was filed for minimum 90 days, or
• The Plaintiff must be residing in this state for minimum 6 months immediately before the complaint was filed as well as the Defendant must be residing in the county wherein the divorce was filed for minimum 90 days

How to begin a divorce case?

The first step is to file a complaint. Such a complaint consists of the following information.

• The Plaintiff has stayed in this state for 6 months immediately before the complaint was filed
• Date and location of marriage
• Name and dates of birth of any minor children
• The ground for divorce
• A demand regarding the relief requested by the court

After the service has been made, the Defendant must file an Answer. In this Answer, the Defendant denies or admits the allegations in the Complaint. If the Defendant denies the allegations, some defenses may be raised in the Answer. Moreover, the Defendant possesses the right to file a counterclaim to assert some claims against the Plaintiff.

If a counterclaim is made by the Defendant, the Plaintiff must reply to it by either denying or accepting the allegations and raising any defenses.

Pendency of the divorce case

While the divorce case is pending, one or both of the divorcing partners may request temporary orders for the following.

• Custody or visitation
• Spousal support
• Child support
• Restraining orders to prohibit removal of children from the jurisdiction of the court
• Restricting one or both divorcing partners to physical abuse, threaten or harass one another

Depositions and Interrogatories are the discovery procedures that help the divorcing partners in finding out the assets that are concerned to the case and the plans the partners have for their children. Experts can be hired to appraise businesses and property. Home studies assist the court to find out the living conditions of the divorcing partners and how these would impact the children.

Divorce Papers