What is a Divorce?
Divorce is a civil lawsuit to end a marriage. It arises when the couple cannot resolve their problems, and are asking the court to make the final decision and issue orders concerning property division, spousal support and matters regarding the children.
Starting the Action
A divorce is started by one spouse, the plaintiff, who files a complaint with the clerk of court. In this initial complaint, the plaintiff must claim, and eventually prove, the appropriate statutory grounds. Discuss with your attorney why you believe the grounds justify the filing of the lawsuit.
A divorce may be granted on the following grounds:
- Either party had a spouse living at the time of the marriage from which the divorce is sought;
- Willful absence of the adverse party for one year;
- Adultery;
- Extreme Cruelty;
- Fraudulent Contract;
- Any gross neglect of duty;
- Habitual drunkenness;
- Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
- Procurement of a divorce outside this state, by a party, by virtue of which the party who procured it is obligations remain binding upon the other party;
- On the application of either party, when the couple have, without interruption for one year, lived separate and apart without cohabitation;
- Incompatibility, unless denied by either party.
The clerk of court “serves” upon the other spouse, the defendant, a copy of the complaint and a summons. Service is generally made by certified mail. If the defendant’s residence is not known, there is a procedure for service by publishing a legal notice in a newspaper. This publication method of service is effective for obtaining a divorce decree, but generally is not effective for obtaining orders about matters such as spousal or child support.
The defendant has 28 days after service of the complaint and summons to file an answer in response to the complaint. The defendant also may file a counterclaim requesting a divorce, by stating the grounds the defendant believes apply. The plaintiff files a reply in response to the counterclaim.
Most cases are eventually settled by an agreement between the parties. When this occurs, a proposed agreed decree of divorce is prepared, signed by the parties and submitted to the court for approval. When approved, the agreement is made effective by a court journal entry.
If the parties cannot agree to resolve one or more of their disputed issues, the disputes are presented to the court. The court will review the parties’ evidence and make its decision based on Ohio law.
Frequently Asked Questions
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(513) 942-7222.