Divorce in Medina County Ohio

Medina County Ohio Divorce and DissolutionIf you are considering filing for a divorce or dissolution in Medina County Ohio, it is important to plan and know what to expect. Here’s a brief overview:

Residency and Filing Requirements

If you plan on filing for a divorce in Medina County, Ohio you must have lived in Ohio for at least 6 months prior to filing for the divorce and you must have lived in Medina County for at least 90 days prior to your divorce filing.

If you plan on filing for a dissolution, you still need to have lived in Ohio for at least 6 months but you do not need to have lived within Medina County for any minimum period of time.

A divorce complaint or dissolution petition needs to be filed at the Medina County Clerk of Court’s office located at 93 Public Square, Medina, Ohio 44256. The Medina County Clerk of Court office is open from 8:00 a.m. to 4:30 p.m. Monday through Friday. The telephone number for the Clerk of Court is (330) 725-9722.

What Happens When You File a Divorce

After you file your divorce complaint, your spouse or partner (person you are divorcing) has 28 days after being served with the complaint to file an answer. In addition to filing an answer, your spouse or partner may wish to file a counterclaim for divorce. If you and your spouse or partner have signed a separation agreement, that should be mentioned in the divorce complaint or counterclaim and attached to the pleading. Your divorce compliant must allege grounds for the divorce. While there are many grounds for divorce, most divorces are granted on grounds of incompatibility or living separate and apart for more than one year without cohabitation.

Uncontested Divorce

If your spouse or partner (person you are divorcing) files no answer, your case will be set for an uncontested or default hearing. You will need to appear at the hearing and give testimony regarding the grounds for the divorce, your assets and debts, and the needs of any minor children. You must bring a witness to the hearing who can give testimony that supports your claim for a divorce. Generally, the assets and debts will be divided as you requested provided the division is fair and equitable based on the evidence presented. If you and your spouse or partner sign a separation agreement, the Court can divide your assets and debts according to the terms of the separation agreement.

The difference between a dissolution and a divorce with a separation agreement is that in the divorce scenario, only you have to appear in Court. Your spouse or partner does not. With a divorce you must establish grounds for the divorce. A dissolution requires both you and your spouse or partner to appear, but a dissolution does not require evidence of grounds.

Contested Divorce

If your spouse or partner (person you are divorcing) files an answer, it is considered to be a contested divorce. In other words, you and your spouse or partner cannot agree on how you will divide assets and liabilities and/or your parental rights and responsibilities. The Court will need to conduct a hearing and take evidence to decide one or more issues regarding the relationship. This can be a very time consuming and expensive process.

In Medina County, divorces progress at the pace recommended by the Ohio Supreme Court. Divorce cases where no children are involved are completed in less than a year. Divorce cases where children are involved are completed in approximately one year. In divorce cases where both spouses resolve all the issues prior to their scheduled trial date, they can contact the Court and request an immediate uncontested hearing date.

Medina County Divorce Checklist

1. COMPLAINT FOR DIVORCE

  • Includes both parties’ names, addresses, dates of birth, marriage date;
  • Residency, jurisdiction and venue requirements met
  • Signed by attorney/party, Supreme Court Registration number, address & telephone
  • Allege grounds pursuant to O.R.C. 3105.01
  • State a claim upon which relief may be granted
  • Demand for divorce, temporary and permanent support, equitable share of marital property, restraining orders, attorney fees and costs, etc.

2. INSTRUCTIONS FOR SERVICE

  • If requesting support, file an IV-D form and income information
  • If requesting restraining orders, include an affidavit supporting the request.
  • 3. MOTION FOR SPOUSAL SUPPORT PENDENTE LITE- Form 4.01A
  • Income and Expense Affidavit- Form 4.01D
  • Income verification- i.e. tax returns and paystubs
  • A Child Support Enforcement Agency Title IV-D Application- Form 4.01B

4. TRIAL BRIEF/MEMORANDUM Form 5.07

  • An original SEPARATION AGREEMENT executed by the parties.
  • Personal property division addressed (including vehicles)
  • Real property division addressed
  • Financial division of property addressed (accounts, investments, life insurance, etc.)
  • Pension division addressed
  • If applicable, must address QDRO and court’s jurisdiction over them
  • Liabilities and debt division addressed
  • Spousal support addressed – including jurisdiction
  • Spousal support must have an effective date and must address duration
  • Mandatory CSEA language, if applicable
  • Disclosure statement

5. JUDGMENT ENTRY/DECREE OF DIVORCE- (filed at conclusion of divorce)

  • Includes both parties’ names, addresses, dates of birth in long form caption
  • Residency, jurisdiction and venue requirements met
  • Contains date of hearing
  • States grounds
  • Signed by attorneys/parties
  • Contains mandatory CSEA language if applicable
  • Statement that wife wishes to be restored to former name if applicable
  • Allocates payment of court costs and attorney fees

*Note if children are involved, there will be additional items added to the above checklist. Please contact us for those additional requirements.

Dissolution

A dissolution allows spouses and partners to terminate their marriage by agreement without stating any reasons why they wish to terminate their marriage. To obtain a dissolution, you and your spouse or partner must enter into a written contract that divides all of your assets and debts and, if there are children, the agreement must allocate parental rights and responsibilities. This written contract is called a separation agreement.

To obtain a dissolution, the spouses or partners must file all of the following:

(1) a petition for dissolution (signed by both of them);

(2) a waiver of service;

(3) a separation agreement that has been signed by both of them and

(4) a proposed judgment entry.

The separation agreement must address all of your assets, debts and the care, custody, control and support of any minor children of the marriage.

Your dissolution case will be scheduled for hearing between 31 days and 90 days after the petition for dissolution is filed. Both spouses or partners must be present for the hearing and bring three copies of the proposed judgment entry. The Judge will sign the judgment entry which terminates their marriage and makes their agreement a Court Order. The Court reviews all dissolution filings prior to the hearing date and the Court will contact you prior to hearing if any corrections need to be made. The hearing will not go forward until all required documents are properly filed and the parties have attended the mandatory parenting class.

Medina County Dissolution Checklist

1. PETITION FOR DISSOLUTION

  • Includes both parties’ names, addresses, dates of birth, marriage date
  • Jurisdiction and venue requirements met
  • Signed by attorneys/parties

2. WAIVER OF SERVICE executed by both parties

  • An original SEPARATION AGREEMENT executed by the parties.
  • Personal property division addressed (including vehicles)
  • Real property division addressed
  • Financial division of property addressed (accounts, investments, life insurance, etc.)
  • Pension division addressed
  • If applicable, must address QDRO and court’s jurisdiction over them
  • Liabilities and debt division addressed
  • Spousal support addressed – including jurisdiction
  • Spousal support must have an effective date and must address duration
  • Mandatory CSEA language, if applicable
  • Disclosure statement

3. JUDGMENT ENTRY/DECREE OF DISSOLUTION

  • Includes both parties’ names, addresses, dates of birth, marriage date
  • Jurisdiction and venue requirements met
  • Contains date of hearing
  • Signed by attorneys/parties
  • Contains mandatory CSEA language if applicable
  • Statement that wife wishes to be restored to former name, if applicable
  • Payment of court costs and attorney fees

*Note if children are involved, there will be additional items added to the above checklist. Please contact us for those additional requirements.

The Experience You Need in a Medina County Divorce

The domestic relations lawyers at our law firm have significant experience handling divorces and dissolutions in Medina County, Ohio.

Please contact us to talk about your divorce by calling 1-888-774-9265, chatting with one of our live chat operators (available 24/7/365) or send us a website message and we will reply promptly.

If you are a resident of Medina, Wadsworth, Brunswick, Lodi, Seville, Spencer, Chippewa Lake or any other city, town or village located within Medina County, Ohio, we have the experience with the Medina County Domestic Court System that’s needed.

For additional information about filing for divorce in Medina County, Ohio, please visit the following link: Medina County Domestic Relations Court

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