Generally, a divorce in Ohio takes 3 to 4 months at a minimum. For longer, contested divorces, you could be waiting a couple of years before you finally receive your divorce decree. An uncontested divorce generally takes less time than a contested divorce.
The amount of time will depend on whether you have children or not and whether you can reach an agreement with your spouse on the key issues involved. An experienced Toledo divorce lawyer will compassionately guide you through the process.
Ohio Has No Separation Requirement
Some states require that divorcing couples must live apart for a certain amount of time before they can divorce. Ohio does not have this requirement.
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How Long Does Contested vs. Uncontested Divorce Take in Ohio?
Many factors impact the timeline for a divorce in Ohio, but the actions and cooperation of the spouses play a significant role in how long a divorce takes in Ohio. The lack of agreement between the spouses is the main reason why contested divorces typically take longer than uncontested ones.
Working with an experienced divorce attorney can resolve potential conflicts more efficiently and protect your rights and interests. Your lawyer will help you file a divorce in Ohio in a timely manner.
Contested Divorce
A contested divorce in Ohio is when the spouses cannot agree on one or more key issues, such as property division, child custody, child support, or spousal support. Because of these disagreements, the case must go through the court system for resolution, often leading to negotiations, mediation, and possibly a trial.
The timeline for a contested divorce can vary significantly based on several factors, including the intricacy of the issues involved, the court’s schedule, and the willingness of both parties to settle. If the case requires a trial, it may extend the timeline even further, as court schedules can be busy, and preparing for trial can take additional time.
Uncontested Divorce
An uncontested divorce in Ohio occurs when both spouses agree on all key issues. Because there are no disagreements to resolve, the process is generally much more straightforward than a contested divorce.
The timeline for an uncontested divorce in Ohio can be relatively quick. The exact duration may depend on the court’s schedule and whether both parties complete the required steps in a timely manner.
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Factors That Can Make an Ohio Divorce Take Longer
Divorce can be a challenging and emotionally taxing process, and several factors can prolong its duration. After reviewing the details of your case, a divorce lawyer can estimate how long the process might take for you.
Residency Requirements
If you just moved to Ohio, you’ll need to wait before you can get divorced. Ohio courts do not have the power to hear a divorce case (called “jurisdiction”) unless you have lived in the state for six months. There is also a county-level residency requirement: you or your spouse must have lived for at least 90 days in the county where you file for divorce.
As you can see, Ohio does not let people jet into the state and seek a quick divorce. Instead, you need to have laid down some roots first.
Pregnancy
Judges do not want to finalize a divorce decree until a child is born so that they can deal with child support and other issues. You can file, but you will need to wait for the child’s birth before completing the divorce process.
Child Support or Custody
Disputes over who will have primary custody of the children, how much child support should be paid, and the visitation schedule can lead to lengthy negotiations and court hearings.
If one or both parents feel strongly about their positions, resolving the disagreements may require mediation or even a trial. This process can take extra time as the court evaluates each parent’s situation and considers what is in the best interest of the child.
Real Estate
If a couple owns a home or other real estate, determining its value and deciding whether to sell, keep, or transfer ownership can lead to disputes. If one spouse wants to keep the home while the other wants to sell it, this disagreement can create delays as both sides negotiate terms or seek court intervention.
Why Divorce Takes So Long
Your divorce could take a couple of years, especially if there is an intense custody battle. There are many steps to a custody fight, including psychological evaluations and pre-trial discovery, which take quite a bit of time. Because so much is at stake, we encourage our clients to be deliberate about the process.
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Is Dissolution Faster?
Section 3105.08 of the Ohio Revised Code allows couples to seek dissolution or divorce. With dissolution, the couple has negotiated an agreement on all key issues, such as child custody, child support, division of marital property, and spousal support. But that doesn’t necessarily mean dissolution is faster than divorce.
You might need to negotiate. The longer you have been married, the more property you will have, for example. Couples might passionately disagree about the terms of the divorce. So, although the dissolution process can be quick once you file, the groundwork can be lengthy.
An Experienced Lawyer Will Help You Get Divorced in Ohio
Groth & Associates has been serving Ohio residents since 2001. As experienced divorce lawyers, we understand that this period can be an incredibly emotional and challenging journey. Our team provides compassionate support and professional legal guidance to help you through every step of the process.
We recognize that each situation is unique, and we take the time to listen to your concerns and goals. With our knowledge and experience, we strive to make the divorce process as smooth and efficient as possible. Call us today to discuss the next steps.
Call or text (419) 930-3030 or complete a Free Case Evaluation form