Uncontested Divorce in Ohio

Divorce is certainly one of the most important decisions in anyone's life. This decision has impact not only the lives of the divorcing partners but also of their children. Moreover, this impact lasts for a long time. Divorce procedure is accompanied by financial loss, emotional upheaval and continued stress. If these 3 issues are to be minimized, then, the route of an uncontested divorce is open for the divorcing partners. This is a very smooth path of terminating the marital life.

Grounds of Uncontested Divorce in Ohio

Fault grounds

• Imprisonment.
• Habitual drunkenness.
• Gross neglect of duty.
• Fraudulent contract.
• Extreme cruelty.
• Adultery.
• Willful absence from the home for 1 year.
• Bigamy.
• Out-of-state divorce.

No-fault grounds

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

Procedure of Uncontested Divorce in Ohio

The divorce action starts when the Complaint for Divorce along with the Notice of Service of Process and the Summons are filed. Certified mail can be used for Notice of Service. However, if this method fails, the Plaintiff must arrange to personally deliver the notice and Summons to the Defendant. This can be accomplished through a private process server or a sheriff.

Along with the Complaint for Divorce, the Plaintiff may file some of the below mentioned forms.

• Shared Parenting Arrangement.
• Health Insurance Disclosure Affidavit.
• Child Support Worksheet.
• Information for Parenting Proceeding.
• Affidavits in Compliance with O.R.C. 3109.27.
• Financial Disclosure Affidavit.

After the Defendant has been served, he or she may respond and file an Answer and make a counterclaim. Additionally, the Defendant may file a Financial Disclosure Affidavit and answer Interrogatories. In this state, the Defendant is provided 28 days to answer the Interrogatories.

If the Defendant has signed a Waiver of Service, the divorce may proceed in an uncontested manner and there is no need to serve the Defendant.

If the Defendant refuses to provide a response to the Complaint, this does not indicate that the divorce would continue by default. In spite of the failure of the Defendant to offer a response, a hearing is scheduled and held. At this hearing, the Plaintiff ought to endorse the allegations made by furnishing proofs.

It is frequently observed that before the case reaches the hearing stage, the divorcing partners are successful in resolving their differences. Due to this incident, if the case has begun as a contested one, it gets converted to an uncontested one. In such a case, the Decree of Divorce is titled as Agreed Judgment Entry Decree of Divorce. Alternatively, the divorcing partners can transform the action to a dissolution case.

Dissolution is always uncontested and always has a no-fault issue. The divorcing couple receives a no-fault termination of their marital status in dissolution. In this process, the marriage is ended by mutual consent and the court does not make any decisions it might have made in a contested divorce.

Divorce Papers