Although getting a divorce might seem easy enough, there are significant steps that may take more time than expected. Finding the right attorney can make the process smoother.
Gavvl Law, LLC makes navigating divorce in Ohio easier than ever. Our experienced, local family attorneys offer personalized support suited to your needs, means, and location. We’ll help you find a lawyer who is ready to help you achieve your goals in a transparent, convenient, and reasonably priced-manner.
The time it takes to legally end a marriage is always a pressing concern to those involved. Unfortunately, there isn’t a clear answer. Each case is unique. Significant factors impact the divorce process, which can make it clean and quick or long and frustrating.
When you decide to get a divorce in Ohio, there are issues that could delay the final decision. Contested divorces can take longer than uncontested ones or dissolutions. Developing a shared parenting plan for any children involved could set your divorce back. Dividing property can also create complications.
You may also experience delays in court if the docket is full or if your soon-to-be ex decides to be uncooperative.
As the name suggests, an uncontested divorce means both parties agree the marriage should end, and the terms of the divorce are not in question. Both sides agree about issues like custody, child support, dividing property, and alimony.
An uncontested divorce could take as little as 42 days. In an uncontested divorce, you file your petition to seek a divorce, allow your spouse time to respond, have a hearing in front of a judge, and receive your final order. Typically, if your spouse does not respond within 42 days, the court will grant your divorce.
As you may expect, a contested divorce can take much longer than an uncontested split or a dissolution. You are basically filing a lawsuit against your partner, asking the state to break the contract between you. Like other contracts, both sides need to agree on terms for ending this relationship.
A contested divorce follows many similar steps as an uncontested divorce, but there are clear distinctions that significantly delay the final divorce decree. In many cases, contested divorces in Ohio can take anywhere from six months to years. However, working with a divorce attorney can smooth out the process.
Divorce proceedings are initiated by filing a divorce complaint and “serving” your spouse a summons.
Your complaint details the parties involved, why you are seeking a divorce, and the terms you feel are fair. Your spouse will have 28 days to respond to your complaint. They can agree or file a counterclaim.
If your spouse chooses to contest your divorce complaint, they will explain why in their answer submitted to the court. They could deny allegations of marital wrongdoing or choose to clash over custody of your children.
After the court has received an answer to your claim, a final hearing will be scheduled. The time between the counterclaim’s filing and that last hearing is where many divorces get hung up.
Each side will need to share the information it has with the other in a process called discovery. Your spouse could ask for specific documents or details about financial records. Your lawyers may meet in court hearings to discuss how uncooperative the other side is being.
As you work with your attorney towards a final decree, both sides may decide to settle the divorce instead of going to trial. Both sides may negotiate their terms and choose to compromise instead of going to trial. A judge will need to approve the terms to ensure they are fair.
You may work with a divorce mediator or a neutral third-party negotiator.
If you and your spouse can’t agree on terms for your divorce, you may need to argue your case in front of a judge. They will review the information presented by your attorney and make a ruling. A skilled attorney can protect your family’s interests and ensure you have a fair trial.
There can be many reasons why your divorce gets delayed, but the most common usually arise because of disputes between you and your soon-to-be-ex. They may be trying to force you to accept unreasonable terms, or they may truly believe they are being cooperative. By working closely with your attorney, you can find the smoothest possible solution to get an equitable outcome.
Deciding who keeps the family home, which is most likely marital property, can be a contentious point. While in most cases the house will go to the parent with primary custody, you may need to negotiate with your spouse. Because property needs to split equitably, you may need to relinquish property to trade off the value of the house.
If your circumstances change after your final divorce decree is issued, you can file to modify your divorce terms. That means you can ask the court to reevaluate and adjust your child custody, support payments, alimony, or property division.
There are a few circumstances that can change after your divorce that make changing your decree possible, like:
Gavvl simplifies the divorce process by starting with a phone call or online questionnaire. After a free 30-minute consultation with a managing attorney to discuss your needs, we assign a qualified local lawyer based on your requirements, location, and urgency, ensuring you receive the support within two business days.
You’ll have 24/7 access to your case, convenient communication with your lawyer, and the option to pay