This information is provided to clarify the type of case a litigant may file with Domestic Relations Court. For more specific legal advice you should contact an attorney.
DIVORCE
A divorce is filed if the parties cannot agree whether to terminate the marriage or how to resolve their issues (property, debt, custody, support, etc.). The court will schedule hearings to decide all issues in order to terminate the marriage. This type of case is also commonly filed when the parties agree to all issues but one of them cannot attend the final hearing.
LEGAL SEPARATION
A legal separation is filed when a spouse wants to legally separate from the other but remain married. The court will set hearings to decide all pertinent issues (property, debt, custody, support. etc.) but will not terminate the marriage. To terminate the marriage after a legal separation, you would need to file a case for divorce or dissolution.
ANNULMENT
In certain circumstances, an annulment may be filed. This action will not only terminate the marriage, but render it invalid and void from the beginning. There are specific requirements to file an annulment which may include:
- An underage spouse (age 18 for males and age 16 for females with parental consent)
- A prior valid marriage with surviving spouse
- Mental incompetence of one party
- Consent to marry obtained by fraud or force (coercion)
- Failure to consummate the marriage
It is a common misconception that an annulment should be filed if the parties were married only for a short period of time. The length of the marriage is not necessarily a factor in this type of case.
DISSOLUTION
A dissolution is filed when both parties agree to a resolution of all aspects of their case (property, debt, custody, support. etc.). A separation agreement signed by the parties and filed with the case instructs how all matters are resolved. There is only one hearing required for a dissolution and both parties must be in attendance. Ohio Revised Code 3105.64 requires you to wait 30 days from the date of filing for your hearing unless the dissolution has been completed through a collaborative family law process. A dissolution must be heard within 90 days of the date of filing or it will be dismissed.
NOTE:
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In order to file any new case you must have been a resident of the State of Ohio for six months and Hamilton County for 90 days.
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All cases, except dissolution, will require more than one hearing. The length and number of hearings will depend on the level of issues to be litigated.
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An uncontested divorce case filed with a waiver of service and separation agreement will be scheduled at least 42 days from the date of filing (Ohio Rules of Civil Procedure, 75(K)).
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Any document requiring signature notarization must be done prior to bringing paperwork to the Court for filing. Make the requisite number of copies of your documents after notarization.
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If you do not have an address for the spouse, a process called Service by Publication can be used to serve the other party. This process will require additional paperwork and you may be billed for the cost of publication. The initial hearing will be scheduled after 10 weeks from the date of filing to allow time for publication.
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When appearing for your court date, proper attire is required (no shorts).
- Domestic Relations Docket Office does not accept new case filings past 3:30 P.M.