If you are a resident of a Summit County, Ohio and are considering divorce, here’s an overview of the divorce process.
To file for a divorce in Summit County, a formal complaint must be filed with the Domestic Relations Court located at 205 S. High St. in downtown Akron, Ohio. The husband, wife or partner who files for the divorce must have been an Ohio resident for at least six months immediately before filing for the divorce and a resident of Summit County for at least 90 days prior to filing.
An answer to the divorce complaint filed must be answered within 28 days or it will be considered to be an uncontested divorce. If a divorce complaint is filed against you and you do not answer the complaint within the required time-frame, or do not answer it completely, you may not be able to contest the grounds for divorce that have been alleged against you. This could be very important, especially when children are involved or if there are a considerable amount of assets from your marriage that must be divided.
If you are a resident of Akron, Barberton, Cuyahoga Falls, Fairlawn, Richfield, Macedonia, Green, Stow, Tallmadge, Norton, New Franklin, Munroe Falls or any other city, town or village located within Summit County, Ohio, please contact us for a free consultation to discuss the details of your divorce.
A free consultation is just what is says- free. There is no cost and you are under no obligation to hire our law firm. It’s a great way to learn more about the divorce process in Summit County and get professional legal guidance about what to expect and issue that you face. To schedule a free consultation with us, please call 1-888-774-9265, chat with one of our 24-hour live chat representatives or send us a message here from our website.
Grounds for a Divorce in Ohio
Valid grounds for divorce include the following:
- Bigamy (your spouse was already married when you got married)
- Cruelty, Abuse or Domestic Violence
- Fraudulent Misrepresentations Prior to Marriage
- Gross Neglect of Duty
- Habitual Drunkenness
- Imprisonment of a Spouse
- Willful Absence for a Continuous One-Year Period
What Happens Immediately After Filing for Divorce
When a person files for a divorce, mutual restraining orders go into effect and remain in effect until the case is finalized.
Both of the people who are divorcing are restricted from selling or destroying marital assets; threatening, abusing, or interfering with the other person; incurring further debt; changing insurance coverages; and removing children from Summit County.
Temporary orders concerning such matters as parental rights and responsibilities and support, or a spouse moving out of the marital home, can be issued after requesting a temporary hearing conducted by a magistrate. These orders remain in effect until the case ends or the court modifies them.
Uncontested Divorce Versus Contested Divorce
If the divorce is not contested by either party, a final hearing is schedule about four to six months after the initial divorce complaint is filed. Each party involved in the divorce must have been notified of the final hearing unless it was not possible to notify someone for some type of valid reason. Each party may provide information at the final hearing about allocation of parental rights, child support, property division and spousal support. If there are major issues that have not been agreed upon and need to be decided by a judge, a trial will be set. Otherwise, the case may be resolved at the final hearing.
If you are involved in a contested divorce, the case will take longer. A conference is held with a magistrate about four months after the complaint is filed. Each party submits an affidavit of assets and liabilities and other necessary paperwork. The magistrate determines what issues the judge will have to decide.
About two to three months after the conference with the magistrate, a pre-trial with a judge is conducted. The parties along with their attorneys meet with the judge in a courtroom to determine if the divorce case can be settled. If it can, the matter may be finalized at that point. If agreement cannot be reached, a trial will be scheduled.
At trial, the plaintiff presents his or her case, including grounds for the divorce, information about finances, property and the welfare of the children, if children are involved. The defendant may present evidence explaining his or her position and dispute the plaintiff. Each side may give oral or written arguments to the court explaining what that party is requesting and why.
If a party to the case believes the Court’s decision is incorrect or unfair, that person may file an objection within 14 days of the time-stamped date of the Court’s decision. If a party is unhappy with a Court Order, a Motion to Set Aside the Order may be filed within 10 days of the time-stamp on the Order.
If a party does not agree with the final decision of judge in a divorce case, an appeal can be filed with the Ninth District Court of Appeals.
Children and Divorce in Summit County
When children are involved in a divorce, Summit County has a mandatory educational program for parents. It is a three-hour seminar designed to help families properly handle the process of divorce to protect the best interests of the children. The course is held at the Domestics Relations Court the first Wednesday and second Thursday of each month from 6:00 pm to 9:00 pm and the third Saturday of each month from 9:00 am to 12:00 pm. Each parent must go to one complete session.
Children are not permitted to attend the program. Contact the Summit County Domestic Relations Court at (330) 643-2355 for any further information about this program.
Experienced Summit County Divorce Lawyer
Having a divorce lawyer on your side to help you through the process and look out for your interests both today and into the future makes a difference. That attorney should have extensive experience with handling divorces in the Summit County Domestic Relations Court System.
Our divorce attorneys have the experience that’s needed. They will help you, protect you, inform you and guide you through the entire divorce process. Please contact us to schedule a free consultation now 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.
For additional information about filing for divorce in Summit County, Ohio, please visit the following link: Summit County Domestic Relations Court