Generally speaking, the domestic relations court in your Ohio County will determine the applicable issues based upon whether or not you and your spouse have minor children, the length of your marriage, the marital and separate assets and debts that you and your spouse have incurred or attained, and each of your incomes.
To learn more about these areas of divorce, please click on the subject below:
WHAT IS A SIMPLE NON CONTESTED DIVORCE?
Every Divorce, whether it is filed in Butler County Ohio, Hamilton County, or Warren County, begins when one party to the marriage files a complaint for divorce. The non-filing spouse that has been served with the Complaint For Divorce has 28 days after being served to file an Answer in the Domestic Relations Court. In the event that he or she does not file an Answer to the Complaint For Divorce, the Domestic Relations Court will schedule the matter for a final non contested divorce proceeding. Butler County, Hamilton County, and Warren County each differ slightly regarding non contested divorce proceedings.
WHAT ARE THE STEPS IN THE DIVORCE PROCESS? HOW LONG DOES A DIVORCE TAKE?
This is the million dollar question asked by most parties initially seeking a divorce. First and foremost, no two cases are identical. However, divorces with substantial assets and/or children generally take longer than simple divorces without children or substantial assets. A simple non-contested divorce can take as little as 45 days. However, even in the case of a simple non contested divorce, there are factors that will effect how long the process may take. For example, the first step in any divorce proceeding is serving your spouse with the Complaint. If you have lost contact with your spouse after a lengthy separation, serving him or her with the divorce complaint may be time consuming.
Below you will find the basic timeline for Butler County Divorces. Surrounding counties, such as Hamilton County and Warren County, follow the same basic timeline. However, differences exist between these Ohio counties in terms of scheduling the initial divorce hearing, the enactment of temporary orders for parenting and spousal support, as well as in the procedure for handling non contested divorces. Please call our office today for greater explanation.
GENERAL BUTLER COUNTY OHIO DIVORCE TIMELINE
Please note that this is for informational purposes only and is by no means legal advice. Filing a divorce in Butler County and all Counties in Ohio is a very complex matter and should not be undertaken without the representation of an experienced and knowledgeable divorce attorney practicing in the county in which you are filing for divorce.
(1) A Complaint For Divorce Is Submitted To The Butler County Ohio Domestic Relations Court's Case Management Office.
Each Domestic Relations Court in Ohio has its own department that ensures incoming filings comply with local and state rules regarding required documents and the contents of those documents. Divorces with Minor Children require many detailed documents to be submitted with the Complaint For Divorce. Due to this, it is not uncommon for the case management department to identify additions or amendments to the Complaint. The Peck Law Office files Divorce Complaints on a weekly basis. Although no two cases are the same, we are well aware of the required documents and the required form of those documents. This saves you attorney fees, since approval of the Divorce Complaint may require less time than other law offices.
(2) The Complaint For Divorce Is Approved By Butler County Case Management.
(3) The Complaint For Divorce Is Sent To A Judge For Approval Of Temporary Orders. In a divorce, temporary orders go into effect early in the process. These temporary orders are generally triggered by whether or not the parties have minor children and/or reside in the same residence at the time of filing.
The temporary parenting orders, when the parties are living separate at the time of filing must address:
a. which spouse will have temporary custody of the minor child(ren). So long as the parties are living separate, and there are no prior court orders or orders from any other jurisdiction regarding the minor chld(ren), the spouse with actual physical possession of the child(ren) at the time of filing will generally be deemed the residential parent until further court order;
b. the parenting time schedule for the non residential parent. If the parties have an established parenting schedule at the time of filing, that schedule should be stated accurately in the initial filing. Otherwise, the Butler County Court Standard Parenting Schedule, DR610, shall control. In the event that the filing party wishes to restrict the other parent's parenting time, the filing spouse must submit additional motions and affidavits identifying his or her concerns.
c. child support. The non residential parent will generally be ordered to pay guideline child support to the residential parent.
(4) The Complaint Filed At The Clerk's Office. If Motions For Temporary Orders Are Filed With The Complaint For Divorce, Those Motions Are Scheduled For Hearing(s). The filing fee is paid at this time.
(5) The Complaint Is Served Upon Defendant.
(6) Defendant Has 28 Days From Date Of Service To File Answer.
If Answer Is Not Filed- The Matter May Be Scheduled For A Non Contested Divorce Hearing.
A Non Contested Divorce Hearing Is Generally Scheduled after 30-45 days and Requires The Plaintiff To Appear With A Witness Who Is Able To Testify To The Parties' Incompatibility.
(8) If Answer Is Filed-
The Matter Is Scheduled For A Scheduling Conference.
(9) Parties must attend parenting class if minor children are born issue of the marriage.
(10) Scheduling Conference. This is generally a 15 minute hearing in which the issues existing in the case are identified to the Judge by both parties or their counsel. At this time, important decisions may be made as to the progression of the divorce and any evaluations, reports, appraisals, and/or whether a guardian ad litem will be appointed for the minor child(ren). As the heading indicates, this hearing results in the scheduling of further hearings as well as the setting of deadlines for discovery.
(11) Settlement Conference. A settlement conference is ordered in most divorce matters. The settlement conference generally is a meeting between the parties and their respective counsel in an effort to discuss resolutions to some terms or all terms of the divorce proceeding.
(12) Pre Trial Hearings and Any Other Pre Decree Motion Hearings. If agreements as to all or some of the contested issues of the divorce are reached, these agreements or resolutions are stated on the record and/or prepared in writing and offered to the Court at a pre trial hearing.
(13) Trial. Issues that cannot be amicably resolved must proceed to trial. Divorce Issues most commonly resulting in a contested trial include: Custody and parenting issues, spousal support or alimony, and valuation and division of substantial assets or property.