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Steps for Filing a Divorce in Ohio

Explained by Our Attorneys in Dayton, OH

Our lawyers and paralegals at Fox & Associates Co., L.P.A. assist clients with filing for divorce. The process can be simple or complex, depending on whether the couple is able to settle issues outside of court or need to take their case to trial.

Ohio Residency Requirements

The Ohio residency requirements for the spouse filing a divorce petition are six months residency in Ohio and 90 days’ residency in the county where filing.

How a Dayton Divorce Lawyer Can Help Settle Issues without Going to Trial

Most couples divorcing today are able to settle issues without going to trial. If both spouses agree on all the issues regarding the termination of their marriage, they may file for dissolution.

A dissolution may involve:

  • A jointly filed petition signed by both spouses
  • A separation agreement that addresses child custody, visitation, child support, spousal support, property division, and a parenting plan
  • A court appearance where both spouses testify that they seek a dissolution, signed the agreements voluntarily, and feel the agreements satisfy their needs

While some spouses agree on all issues before meeting with their lawyers, more commonly, there are one or more issues in dispute which must be resolved. A divorce lawyer can discuss approaches to resolving conflicts and offer solutions such as mediation or negotiated settlements.

Divorce Litigation

When couples cannot agree on divorce terms despite out-of-court efforts (i.e., no agreement on divorce grounds or no separation agreement), the couple must address the disputed issues in court.

Divorce litigation adds steps to the process, which generally follows this sequence:

  • One spouse (plaintiff) files a divorce petition (complaint)
  • The other spouse (defendant) is served with the complaint
  • Defendant responds and files any counterclaims
  • Plaintiff responds to any counterclaims
  • The court issues temporary orders for child support, custody, visitation, and spousal support
  • Depositions and/or interrogatories are occasionally done to provide the court and attorneys with information
  • Property appraisals can be done
  • A pre-trial proceeding is held to see if the couple can reach an agreement
  • Financial consultants, accountants, and other professionals may be consulted/hired
  • Final hearing takes place where the court renders its decision

Discuss Divorce with a Knowledgeable Lawyer in Dayton

Our attorneys can answer all your questions, discuss divorce options, and help you approach divorce in a way that protects your interests. For your convenience, we have locations in Dayton and Huber Heights. We also serve individuals across Alpha, Fairborn, Riverside, and the surrounding areas.

Contact Fox & Associates Co., L.P.A. online or call (937) 204-1555 today to arrange a consultation.

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Why You Should Hire Us
  • More than 70 years of combined legal experience.

  • We develop effective legal strategies and provide innovative options.

  • We have a successful track record in handling cases just like yours.

  • We listen and create tailored solutions to meet your needs.