How to File for Divorce in Toledo, Ohio

By Brooke Julia

Updated July 21, 2017

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Filing for divorce is one of the most difficult decisions a person can make. Not only is it emotionally upsetting, but the legalities of how to go about it are different for every state. Luckily, the process of divorce in Toledo, Ohio, is simple and straightforward. You must have been an Ohio resident for a minimum of six months to initiate divorce proceedings.

File a complaint with the Court of Common Pleas in Toledo. Divorce can be sought on the grounds of incompatibility if both parties are in agreement to divorce. This is a "no fault ground," says attorney Dennis Levin.

Read More: How Long After Filing a Divorce Petition Are Papers Served?

Provide proof of one of the following if both parties are not in agreement to divorce: a separation of one year, bigamy, adultery, fraud, drunkenness, neglect, imprisonment or a prior divorce granted in another state that is not recognized by Ohio. The complaint papers and the reason for them will be served to the other spouse. "The defendant spouse should then file an 'answer' to the complaint, admitting or denying the allegations in the complaint," states Levin.

Come to an agreement with your spouse about property division and child custody. The proceedings can be converted into a "dissolution" if both spouses can reach an agreement. The divorce will go to court if a mutual agreement cannot be reached.

File for temporary custody of any children and child support payments after the complaint has been filed. A judge will review all findings before making a decision on this action, however, and may not necessarily grant it.

Tips

Divorce is accomplished more quickly and with less upset when both spouses agree to terms beforehand. A lawyer is not needed for a divorce unless there is an argument over children and belongings or the grounds for divorce are contested. In Ohio, marital assets are divided equally unless it can be proved that such a division would be unfair.

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