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Do I have to go to court for an uncontested divorce in Ohio?

On Behalf of | Mar 26, 2024 | Divorce |

In Ohio, an uncontested divorce, also known as a dissolution action, takes place when you and your spouse agree on all terms of the divorce. These terms typically include:

  • Child custody
  • Parenting time
  • Child support
  • Spousal support (alimony)
  • Division of marital property

This approach is best suited for situations where both parties can maintain a friendly relationship throughout the process. If you find yourself in this position, you might ask, “Do I still need to go to court if we agree on everything?”

The court hearing is still necessary in Ohio

The answer is yes. Despite agreeing on all aspects of your divorce, Ohio law mandates some degree of court involvement. After drafting and signing your separation agreement, the next step is to attend a court hearing. At this hearing, both you and your soon-to-be ex-spouse must testify under oath to confirm you understand the agreement and find it fair.

The judge will then evaluate the fairness and legality of your separation agreement. If they consider it fair and legal, they will approve the agreement and you move forward in the divorce process.

Even in the case of an uncontested divorce, going to court is still a necessary part of the process.

What happens after the court hearing

After the court hearing, the judge’s approval marks the start of finalizing your divorce. However, the divorce doesn’t become final immediately after approval; there are still administrative steps to complete. These steps can include filing the final forms and observing any mandatory waiting periods. It’s crucial to correctly complete all these steps for the divorce to be legally binding.

Consulting with a legal professional can be beneficial here. A legal professional can provide guidance in these areas, ensuring you file all paperwork correctly and follow all legal steps. They can also help you understand the legal terms and protect your rights, making the process easier and less stressful for you.

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