How Long Does a Divorce Take in Ohio?
It is difficult to determine in advance how long the divorce process will last. If you are interested in “How long do you have to be separated before divorce in Ohio?”, it should be said that state law does not require you to live separately to obtain a marriage dissolution or divorce unless residing apart is a ground for ending a marriage.
How long does a divorce take in Ohio? Divorce timelines within the state can vary from several months to 1 year or more. It depends on whether you have disagreements regarding the divorce terms, whether you need to complete an Ohio divorce waiting period, etc.
This article provides information on how long a contested and uncontested divorce takes in Ohio. If you want to speed up the process and your case is uncontested, you can contact our online document preparation service and get help with forms for your divorce.
How Long Does an Uncontested Divorce Take in Ohio?
An uncontested divorce, called a dissolution of marriage in the state, usually lasts from 1 to 3 months. Filing for marriage dissolution assumes that you and your spouse have resolved all issues of alimony, property division, and child custody and concluded a marital settlement agreement. The reason for your divorce is not indicated in the petition and, therefore, does not affect the duration of the divorce process.
How long does it take to get a divorce in Ohio? The divorce timeline in uncontested cases depends mainly on the required waiting period and the court’s workload.
If you file a joint petition under the simplified procedure, you must complete a mandatory waiting period of 30 days. After this time, you will need to attend a court hearing, which may be scheduled no later than 90 days after the petition is submitted to the clerk’s office (Ohio Rev. Code § 3105.64).
So, here is the final answer to the question, “How long does an uncontested divorce take in Ohio?”: it can last from 30 days to 3 months, provided the judge considers your agreement fair and signs the decree at the first hearing.
How Long Does a Contested Divorce Take in Ohio?
Replying to “How long does it take to get a divorce in Ohio if your case is contested?”, it is worth noting that the divorce timeline will most often depend on whether you have children and can be from 6 to 18 months or even more.
The number of disputes on the divorce terms, the schedule of lawyers and other specialists involved, the court’s workload, etc., will also affect the duration of the divorce process. Another deciding factor in the question “How long does a contested divorce take in Ohio?” is the grounds for divorce stated in the complaint, which may be no-fault or based on fault (Ohio Rev. Code § 3105.01). Typically, fault-based reasons extend the duration of the process because a petitioner will need to prove that the behavior or certain actions of the other spouse led to the breakdown of their marriage.
Unlike uncontested marriage dissolutions, contested divorces do not have any waiting period before the judge can start reviewing the case. However, due to the number of disagreements between spouses and numerous court battles, contested cases usually last much longer.
How Long Does a Divorce Case Stay Open in Ohio?
Any marriage dissolution or divorce case is open from the moment the petition or complaint is filed with the court until the judge issues the divorce decision.
The duration of the dissolution of marriage process is usually based on the Ohio divorce waiting period. So, the case is usually closed within 1-3 months after the future ex-spouses have filed the petition with the clerk’s office.
The divorce process for contested cases involves several court hearings until all divorce issues are agreed upon by spouses or determined by the court. The contested case remains open until the judge grants you a divorce at the final hearing, with the divorce timelines reaching 6-12 months and more.
However, in both situations, the case may be extended through a court-ordered conciliation procedure or family counseling. According to Ohio Rev. Code § 3105.091, reconciliation between parties may be ordered at the request of either spouse or the court’s initiative after filing the petition for dissolution of marriage or 30 days after serving the summons on the defendant.
The period of the reconciliation procedure cannot exceed 90 days. If parties fail to save their marriage during this time, the divorce process continues as scheduled. If spouses decide to reconcile, the case is closed after the notification to the court.
When Is a Divorce Final in Ohio?
The divorce process in Ohio is final when parties attend the last trial, and the judge issues a Decree of Divorce or a Decree of Dissolution of Marriage. Depending on the case, the divorce timeline can be from 1 month to 18-24 months.
An approximate answer to the question “How long does it take to finalize a divorce in Ohio if the case is uncontested?” is contained in Ohio Rev. Code § 3105.64. This section emphasizes that the dissolution of marriage cannot be finalized earlier than 30 days after filing the petition. The maximum term for setting a court hearing in a marriage dissolution case is 90 days. However, if the judge determines that the settlement agreement is unfair and orders it to be reviewed, the termination of marital relations may take place a month or two later.
No exact time frame can be specified when answering the question, “How long does it take for a divorce to be final in Ohio in a contested case?” because parties are not obliged to complete the mandatory Ohio divorce waiting period. How long the divorce will last depends on how the case develops, how many hearings are needed, whether reconciliation is ordered, and other factors.
With our service, you can expedite the paperwork preparation process if your case is uncontested. In just a few days, you will be able to get the filled-out divorce forms required for filing with the court.