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Attorneys Amy M. McKinlay and Kerry E. Hageman-Froelich

What is the timeline for divorce in Ohio?

On Behalf of | Feb 19, 2023 | Divorce

Going through a divorce isn’t a process that generally happens quickly. It’s important to anticipate the time that it will take so that you can make informed decisions about your next steps.

If you’re considering filing for a divorce, you should learn a little bit about the timeline that you can expect. Your case might vary a bit because of the specific circumstances of your divorce, so consider these notes to be a general guideline worth keeping in mind

Residency requirements

The plaintiff in the divorce has to be a resident of Ohio for at least six months. This means that you have to live in Ohio for six months if you’re going to file here. If your spouse will be the one who files for divorce, they’ll have to ensure that they have a six-month residency in the state. There’s also a 60-day requirement for county residency that must be met.

Other time frames to consider

There isn’t a minimum amount of time that you have to wait to file for divorce. The only exception to this general rule is if you are filing based on non-cohabitation grounds. In that case, you’ll have to wait for 12 months without living together before you can file.

You may be able to get temporary orders before then that must be followed until the divorce is finalized. In most cases, you can expect to wait approximately four to six weeks for the first hearing after your paperwork is filed.

If you and your ex agree to the terms of your divorce, you file a petition for dissolution that includes a separation agreement. The court can use this in the final divorce decree. The hearing for this may take place in 30 to 90 days after you file.

Ultimately, it may take as little as a few months to get the divorce finalized but it may take as long as a couple of years. A divorce in Ohio isn’t finalized until the court issues the decree. Until that point, you’ll still be considered legally married.

While it might be tempting to try to rush your divorce along, this isn’t usually the best option. It’s likely best for you to take your time making the decisions about your divorce process. It’s also best to have a legal professional on your side who can help you to learn about your options and determine what’s best for you in the long term instead of focusing only on the short term.