Divorce

Divorce is a civil lawsuit to end a marriage. The parties ask the court to make the final decisions concerning property division, spousal support and matters regarding the children (if any).

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One spouse, the plaintiff, files a complaint with the clerk of court to start a divorce. In the complaint, plaintiff must claim and eventually prove the appropriate statutory grounds for divorce. 

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The clerk of court “serves” upon the other spouse, the defendant, a copy of the complaint and a summons. Service is generally made by certified mail or personal delivery. If the defendant's residence is unknown, a legal notice will be published in a newspaper. This publication method of service is effective for obtaining a divorce decree but generally is not effective for obtaining orders about matters such as spousal or child support. The defendant has 28 days after service of the complaint and summons to file an answer to respond to the complaint. The defendant may file a counterclaim requesting a divorce, stating the grounds the defendant believes apply. The plaintiff files a reply in response to the counterclaim.

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Most divorce cases are eventually settled by agreement. A proposed divorce decree is prepared, signed by the parties and submitted to the court for approval. After a short hearing, the agreement is approved by the judge and becomes a court order.

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If the parties cannot resolve all of their disputed issues, evidence is presented in a contested trial. The court will review the parties’ evidence and make its decision based on Ohio law.
 

*excerpt derived from OSBA website