| GENERAL INFORMATION | ||
| Will my documents be completed or will I have to fill them out myself when I receive them? | ||
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For the most part, your DivorceWriter documents arrive completed with the information that you provide in the interview, ready to sign and file with your local court. However, there is some information that is not yet known to the customer, such as the date that a filing step was completed, which must be filled in by the customer later in the process. DivorceWriter makes every effort to balance the customer's need to have completed documents with the need to keep our online interview to a reasonable length for the comfort of our customers. As such, certain other pieces of information may also need to be filled in by the customer. Customers with minor children will need to fill in personal information pertaining to the children such as where and with whom they have lived over the last five years. Additionally, Ohio requires persons filing for divorce to complete affidavits pertaining to income, expenses, and property. Much of the information on these forms must be filled in by the customer as well. | ||
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| STATE PROCEDURES | ||
| How much is the filing fee in Ohio? | ||
| The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for dissolution or divorce in Ohio is typically $175.00-$450.00. | ||
| Do we have to be separated to have our marriage dissolved or to get a divorce? | ||
| Yes, you are required to live separate and apart, which means sleeping in different beds and living as though the marriage is over. The Separation Agreement form will state that the parties intend to live separate and apart. | ||
| What is the difference between a dissolution and a divorce in Ohio? | ||
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In Ohio, a dissolution of marriage is sometimes referred to as "no-fault divorce" because it does not require the parties to prove any grounds for ending the marriage. As long as the parties are able to agree on all matters involving the division of debts and property as well as regarding the support and custody of children, if any, and if both parties are able to attend the court hearing together, they may seek a dissolution of marriage rather than a divorce. If both parties are not able to attend a court hearing together, a dissolution is not an option and a divorce is the only way to end the marriage. There are several grounds for divorce in Ohio, but the most common is that the parties are able to agree that they are incompatible. If you and your spouse wish to use a grounds other than incompatibility, you may not be able to use DivorceWriter. | ||
| What are the basic steps to getting a dissolution of marriage in Ohio? | ||
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1) Both spouses review and sign the dissolution documents. 2) The Petitioner files the Petition for Dissolution of Marriage and related documents with the Common Pleas Court Clerk and pays the filing fee of approximately $175.00-$300.00. 3) Both spouses attend the final hearing approximately 30-90 days after the Petition for Dissolution of Marriage is filed. 4) The Judge signs the Decree of Dissolution following the final hearing and/or mails a finalized Decree to you and your spouse. | ||
| The Clerk told me that Ohio has new domestic relations forms that I need to use. How do I get them? | ||
On July 1, 2010, the Ohio Supreme Court enacted the following new Uniform Domestic Relations Forms for use in all 88 Ohio counties:
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| What documents are included in the self-prepared Ohio DivorceWriter dissolution of marriage package? | ||
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All Ohio customers select either a Petition for Dissolution or a Complaint for Divorce. The Petition includes the Waiver of Service of Summons. With divorce, that Waiver is a separate document from the Complaint. All customers also select either a Judgment Entry for Dissoluton or a Decree of Divorce. All Ohio customers (divorce and dissolution) are also selecting the following:
If you select "yes" to having minor child(ren), you are also selecting:
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| How long will it take to finalize my dissolution/divorce? | ||
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Generally, it will take between 31-89 days to complete your dissolution of marriage in Ohio. While there is no set waiting period with Ohio dissolutions, the mandatory dissolution hearing cannot take place sooner than 30 days prior to the date the Petition for Dissolution is filed, and cannot take place more than 90 days after the date of filing. Since a dissolution is generally finalized by the judge at the hearing, 31-89 days is the range for completing the dissolution. Additional information can be found at: codes.ohio.gov Like a dissolution, a divorce is usually finalized at the divorce hearing. In many counties, you will be able to schedule your final hearing while you are at the Clerk's office filing your documents. In other counties, you will be notified of a hearing date later. Regardless, a divorce in Ohio is generally finalized within one to three months from the date it was filed. | ||
| Where do I file the dissolution/divorce documents? | ||
| Both dissolutions and divorces are filed at the Court of Common Pleas Clerk's office in the county of filing. Depending on the county, it may be more specifically referred to as the Division of Domestic Relations for the Court of Common Pleas. | ||
| How do we prove that we meet the Ohio residency requirements? | ||
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Whether you are filing for dissolution or divorce, be aware that both require the party that files, and sometimes the non-filing spouse as well, to sign a document containing language that states that at least one of the spouses meets the residency requirements. In many most, this is all that is required to prove residency. If you have any additional questions regarding whether your county will require you to present any identification or documentation to prove residency at the time of filing, you should direct your inquiries to the Court of Common Pleas Clerk for the county of filing. The Clerk cannot give legal advice, but will be able to provide you with general information regarding filing in your county. DivorceWriter cannot assist you in deciding which spouse should file. | ||
| Will either of us be required to attend a court hearing? | ||
| To obtain a dissolution of marriage, both spouses must attend the hearing together. To obtain a divorce, only the spouse that files (Plaintiff) is required to attend the hearing. | ||
| Can I change my name in the divorce proceedings? | ||
| If you select the name change option on the online interview, the request will be automatically added to your documents at no additional cost to you. | ||
| What documents are included in the self-prepared DivorceWriter Ohio divorce package? | ||
In addition to Ohio filing procedures, your self-prepared Ohio DivorceWriter package will include:
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| Which is the proper Ohio county for filing for dissolution? | ||
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An Ohio dissolution of marriage can be filed in the county where either of the spouses resides. However, to file for divorce in Ohio, the person filing must be a resident of the county of filing for at least 90 days prior to filing. | ||
| What are the residency requirements for filing? | ||
| Ohio requires at least one of the spouses in an action for dissolution of marriage or divorce to have been a resident of Ohio for at least six months and a resident of the county of filing for at least 90 days immediately before filing for dissolution or divorce. | ||
| What are the state residency requirements for filing for dissolution in Ohio? | ||
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At least one of the spouses must be a resident of the State of Ohio for at least six months immediately prior to the filing the Petition for Dissolution of Marriage. Note that this is as opposed to a divorce, which requires that the person filing be a resident of Ohio for at least six months before filing. | ||
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| CUSTODY, VISITATION, SUPPORT | ||
| Is child support required in Ohio? | ||
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Yes. Even when parents agree to very little or no child support, courts may reject the terms because parents have a duty to support their children both before and after a divorce. Additional information on minimum child support obligations is available here. | ||
| How is child support calculated? | ||
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Based on the information provided by the customer when completing the online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. Additional information on the calculation of child support can be found here. | ||
| What are the different types of custody? | ||
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In Ohio, joint legal custody is commonly referred to as shared parenting. Shared parenting allocates parental rights and responsibilities for the care of the child(ren) to both parents through a Shared Parenting Plan that sets forth how the parents will share all or some of the aspects of the physical and legal care of the child(ren). In a shared parenting arrangement, both parents are designated the legal custodians and residential parents of the child(ren), although it is NOT required that the physical parenting, sometimes referred to as physical or residential custody, be 50/50. If shared parenting is not selected, you can choose for one parent to be the legal custodian and residential parent of the child(ren) with a customized visitation schedule, if desired, for the non-residential parent. Additional information on allocating parental rights and responsibilities is available at Ohio Revised Code 3109.04 and 3105.63(A)(1). | ||
| What are acceptable reasons in Ohio for the Court to consider in allowing us to choose a child support amount that is higher or lower than the guideline amount? | ||
| DivorceWriter shows you the child support calculation under the guidelines using the parents' income. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well a reason for using a different amount. Additional information on using a child support amount that is different from the standard amount set by the Child Support Guidelines is available here. | ||
| Will we be able to customize our documents to fit our specific custody and visitation arrangement? | ||
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DivorceWriter accommodates parents who want to share joint legal custody while designating one parent to have primary physical custody of the children. Choose to customize as little or as much as you need.
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| What if my spouse and I have a combined annual income of more than $150,000? | ||
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The Ohio Child Support Guidelines Schedule is designed to calculate child support when the combined gross income of both parents is less than $150,000 per year. If the combined gross income of both parents is more than that amount, the court shall determine the amount of the obligor's child support obligation on a case-by-case basis using the schedule as a guideline. For additional information, see Ohio Revised Code 3119.021 and Ohio Revised Code 3119.04. | ||
| What if my spouse and I have a combined annual income of less than $6,600? | ||
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The Ohio Child Support Guidelines Schedule is designed to calculate child support when the combined gross income of both parents is more than $6,600 per year. If the combined gross income of both parents is less than that amount, the court shall determine the amount of the obligor's child support obligation on a case-by-case basis using the schedule as a guideline. Generally, a Child Support Worksheet will not be filed and the support calculation will be set at the hearing. For additional information, see Ohio Revised Code 3119.021 and Ohio Revised Code 3119.04. | ||
| When can a child support order be modified? | ||
| Either parent can ask the court to modify an existing child support order. Information on child support modification is available at Ohio Revised Code 3119.79. | ||
| Where can I find language pertaining to R.C. 3119.22 and 3119.23 in my documents? | ||
The Separation Agreement is a document that must be signed by both spouses. Article Four of the Separation Agreement contains provisions concerning child support including:
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| What if our combined income exceeds $150,000? | ||
| The Ohio basic child support schedule is used by all Ohio courts and child support enforcement agencies when calculating the amount of child support to be paid pursuant to a child support order, unless the combined gross income of the parents is less than $6600 or more than $150,000, in which the Court may adjust child support accordingly. | ||
| Where do I find a Child Custody Affidavit pursuant to R.C. 3127.23? | ||
| In 2010, the Ohio Supreme Court enacted uniform domestic relations forms. One such form is the Parenting Proceeding Affidavit, which is a uniform Child Custody Affidavit that is now acceptable for use in all 88 Ohio counties to satisfy the requirements of R.C. 3127.23. | ||
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| PROPERTY AND DEBTS | ||
| What options do we have for our real estate? | ||
| The DivorceWriter online interview provides an array of options for disposing of your real... more | ||
| Why do I have to complete financial disclosures in an uncontested divorce? | ||
| More than half of the states require one or both spouses to complete a document listing th... more | ||
| Where is the Waiver of Equal Division and Waiver of Written Findings of Fact and Conclusions of Law located in my documents? | ||
| Your Ohio Separation Agreements contains a paragraph waiving equal division of property and waiving written Findings of Fact and Conclusions of Law. | ||
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| SPECIAL CIRCUMSTANCES | ||
| What if one spouse is in the military? | ||
| If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more | ||
| What if one spouse is living in a foreign country? | ||
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It is important to note that with a dissolution of marriage, both spouses are required to attend. If both spouses cannot attend, a divorce is an option since only the spouse that files for divorce is required to attend the hearing. In Ohio, the non-filing spouse (Defendant) signs a Waiver of Service of Summons so that traditional service by personal delivery or certified mail is not required. For any documents requiring the notarized signature of a spouse living in a foreign country, consular officials at any U.S. embassy or consulate abroad can provide a service similar to the functions of a notary public in the United States. When completing the DivorceWriter online interview, leave the state field as "state" and enter the city and country in the city field, such as "Toronto, Canada." | ||
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| ADDITIONAL RESOURCES | ||
| Where can I find the full-text version of the Ohio divorce statutes online? | ||
| More information on divorce, dissolution, child support and custody, and spousal support (alimony) is available in Title 31 of the Ohio Revised Code. | ||
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