At Hunt Law, we understand that divorce can be a complex, messy, and emotional process for you and your spouse, particularly if children are involved. Adam Hunt is a leading Trumbull County divorce attorney, and no matter the specifics of your case, we will help you through every step of the process and ensure the best possible outcome.
Divorce Requirements In Ohio
To seek a divorce in Ohio, you must live in the state for at least six months before you file. You also must have “grounds” for divorce – a reason for seeking divorce. Among others, these reasons include:
- Willful absence of one spouse for more than a year
- Extreme cruelty
- Fraudulent contract
- Gross neglect of duty
- Habitual drunkenness
- A spouse being imprisoned in a state or federal correctional institution
- Spouses have been living separately and without cohabitation without interruption for at least a year
If you have legal grounds for divorce, you may start the process by filing a petition with the local court in Trumbull County.
Understanding The Divorce Process
Divorce is a process where a spouse files a suit in a civil court, and the court makes the final decisions about how the marriage will end. This includes things like dividing property, child and spousal support, and parenting rights for children, if applicable.
To begin the process, one spouse (the plaintiff) will file a petition to start a divorce with the court. The plaintiff must claim and prove the statutory grounds for divorce. Then, the other spouse (defendant) is served with a copy of the complaint and summons. They have 28 days after service and summons to respond to the complaint.
In most cases, couples who are divorcing both hire lawyers to work out a “settlement agreement” to separate, and do not go to trial. The lawyers and spouses work out a proposed divorce decree, which is submitted to the court for approval and prepared for a judge, who will approve it. It will then become a court order.
If the spouses cannot work out their disputes, the case will go to trial, and the court will review the evidence and make a decision based on Ohio law.
Property Division in Ohio
During a divorce, marital property must be distributed between both couples. This includes real estate, personal property, real property, money, stocks and bonds, bank accounts, retirement accounts, and all other mutual assets. Separate property owned before marriage is not divided between spouses.
The same process is used to split up short and long-term debts. The divorce agreement will set forth the amount owed by each spouse, which debts they will pay, and other such details.
Ohio Child Custody & Child Support
Child custody must be worked out in divorce court. Parents may share custody, or one parent may have sole custody, with the other parent getting appropriate parenting time rights (visitation).
Ohio law will also be used to calculate child support based on factors like the number of children, combined gross income of parents, the average cost of raising a child, spousal support, and other such factors.
Get Help From An Experienced Trumbull County Divorce Attorney!
Proper legal representation is very important if you’re thinking about filing for divorce in Trumbull County. With Adam Hunt and the team at Hunt Law on your side, you’ll be able to fight for your interests and begin the next chapter of your life on the right foot. Contact us now to schedule an appointment with an experienced Trumbull County divorce attorney today.