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Complaint Waived File For Divorce In Cuyahoga
Category:
State:
Multi-State
County:
Cuyahoga
Control #:
US-000264
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Word;
Rich Text
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FAQ
In a “no-fault” divorce, either spouse can seek to end the marriage if the parties have been “living separate and apart for one year without interruption and without cohabitation,” and if both spouses agree (or neither disputes) that they are incompatible.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
The first step in filing for divorce in Ohio is to prepare the paperwork. The main form the filing spouse needs is the Complaint for Divorce or Petition for Dissolution of Marriage. You'll also need a summons, which informs your spouse of the filing, or a Waiver of Service of Summons for a dissolution.
When one spouse refuses to cooperate in a contested divorce, it becomes necessary for the court to step in and resolve the issues on which the parties cannot agree. Ohio courts consider various factors in deciding on key issues in a divorce, such as child custody, child support, property division, and spousal support.
A Complaint for Divorce or Filing for Divorce is the formalized process of filing paperwork such that legal and factual issues maybe set forth and later addressed at trial, if necessary.
In short, you cannot contest a divorce in the sense that you refuse to allow the marriage to end. Ohio divorce laws provide multiple grounds for dissolving a marriage, and two no-fault factors are incompatibility and separation.
In Ohio, the other party has 42 days to respond to a divorce complaint. It that period passes with no response from the opposing party, the judge will grant an uncontested divorce. Often the judge will award the divorce “as is,” ing to the original complaint.
At a minimum, both parties must agree to one of the grounds for divorce. If only one party is going to be present at the divorce hearing, depending upon the judge, incompatiblity may not be sufficient grounds.
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.
A divorce or legal separation case begins when the plaintiff the party who starts the court case files a formal complaint at the courthouse. The defendant, the other party, may answer within 28 days. If an answer is filed, the case is contested. If the defendant does not file an answer, the case is uncontested.