How Long Will It Take to Get a Divorce or Dissolution in Ohio?
If you’re considering ending your marriage in Ohio, you may wonder how long the process takes. The time it takes to finalize a divorce or dissolution depends on the type of case, the level of agreement between parties, and the complexities of child custody or asset division. In Ohio, couples can file for a divorce or a dissolution of marriage, each with distinct processes and timelines.
Divorce vs. Dissolution: What’s the Difference?
In Ohio, there are two ways to legally end a marriage.
- Divorce: This is typically pursued when spouses cannot agree on key issues like property division, spousal support, or child custody. A divorce requires one spouse to file a complaint, and the court is involved in resolving disputes and making the final decisions.
- Dissolution: Dissolution is a simpler process when both spouses agree on all issues related to the end of the marriage. It is essentially an uncontested separation, meaning that no trial or court battles are necessary, as the parties have reached an agreement beforehand.
The process you choose will directly impact how long it takes to officially end your marriage.
The Timeline for Divorce in Ohio
A divorce can take several months or even years, depending on the complexity of the case and the level of contention between the parties.
Filing the Complaint
The first step in obtaining a divorce in Ohio is for one spouse to file a complaint with the court. After the complaint is filed, the other spouse is served with divorce papers and must respond within a specified period. In Ohio, the spouse has 28 days to respond if they agree with the orders in the original complaint. Otherwise, they have to respond in 14 days to make any changes. Filing and serving the complaint typically takes a few weeks to a month.
Temporary Orders
In some cases, the court may issue temporary orders regarding child custody, support, and living arrangements while the divorce is pending. These orders ensure that both parties are protected and that important matters are addressed during the proceedings. It can take anywhere from a few weeks to a few months to obtain temporary orders.
Discovery Process
If the spouses disagree on key issues like child custody or asset division, the discovery process begins. Both parties gather and exchange information about property, finances, and other relevant details. Discovery can include exchanging documents, depositions, and other legal procedures. It may take several months, depending on the complexities of the assets and disputes involved.
Mediation and Negotiation
Before heading to a trial, many couples attempt to resolve their differences through mediation or negotiation. If the parties reach an agreement at this stage, they can avoid a lengthy trial. Mediation sessions typically take a few weeks to a few months.
Trial
If no agreement can be reached through mediation, the case goes to trial. Divorce trials can take days, weeks, or even longer, depending on the complexity of the issues. The judge will make final decisions regarding property division, child custody, spousal support, and other disputes. Divorce trials can add several months to the process, and hiring an experienced divorce lawyer Cincinnati may help expedite or avoid this.
Final Judgement
Once the trial is complete and the judge has made their rulings, the court will issue a final divorce decree. This officially ends the marriage. The total time for a contested divorce in Ohio can range from several months to over a year, depending on the level of conflict and the complexity of the case.
The Timeline for Dissolution in Ohio
Dissolution is often a faster, less adversarial process because both parties agree on the terms of their separation.
Filing a Petition for Dissolution
To begin a dissolution, both parties file a joint petition with the court. Along with this petition, the couple submits a separation agreement that outlines how they will divide the property, handle child custody, and address other matters. Both parties must sign this agreement before it’s submitted to the court. Preparing and filing a joint petition can take between a few weeks to a few months, depending on how quickly the couple reaches an agreement.
Waiting Period
Once the petition is filed, there is a mandatory 30-day waiting period in Ohio before the court can finalize the dissolution. This allows both parties time to ensure they are satisfied with the terms of the separation.
Final Hearing and Final Decree
After the waiting period, the court will schedule a final hearing, which both spouses must attend. The judge will ask a few questions to ensure that both parties agree with the terms of the dissolution. If the judge is satisfied, the court will issue a final decree dissolving the marriage. Depending on court scheduling, the final hearing will typically occur within 30 to 90 days after the initial filing. The total time for dissolution in Ohio typically ranges from two to three months.
Factors That Can Affect the Timeline
While the general timelines outlined above apply to most divorces and dissolutions, several factors can influence how long the process takes:
- Complexity of Assets: If the couple has significant assets or complex financial holdings, the process to divide them can take longer.
- Child Custody Disputes: Disagreements over child custody and visitation can extend the divorce process significantly.
- Cooperation Between Spouses: The level of cooperation between spouses is often the biggest factor in how long a divorce or dissolution takes. The process can move much faster if the couple can agree on all issues.
- Court Backlog: Sometimes, delays can be caused by a busy court calendar, particularly in larger counties where family court cases are common.
The Path to a New Chapter
The time it takes to get a divorce or dissolution in Ohio depends largely on the type of case and how contentious the issues are between parties. A contested divorce can take anywhere from six months to over a year, while a dissolution can be finalized in as little as two to three months.
If you’re considering divorce or dissolution in Ohio, consult an experienced family law attorney who can guide you through the legal process and help you reach a fair and timely resolution.
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