Divorce is a multi-step process that includes paperwork and court hearings. Read more to learn the steps to complete a divorce case in Cuyahoga County, Ohio.
https://ccdrc.ohiolegalhelp.org/topic/cuyahoga-county-divorce-processThe divorce process can take 4 to 12 months if you don't have children, or up to 2 years (or more) if you do have children. While this article will help you understand the process, you may want to consider getting a lawyer to help you.
If you're looking for information on a specific step in the divorce process, use the links below to jump to the step you need:
In order to get divorced in Cuyahoga County, you must meet these requirements:
You do not have to be legally separated before getting divorced.
If you and your spouse live in different counties, you can choose which county you file in. You can file in a county where you have lived for more than 90 days or the one where your spouse has lived more than 90 days.
In order to file, you must fill out detailed forms describing your income, expenses, what you own and any debts. You will need to think through your finances carefully to ensure that you complete these forms truthfully. Any information that's not accurate can make things more complicated later on in the divorce process. Learn how to get organized for a divorce.
To find and complete the divorce forms for Cuyahoga County, go to:
Divorce is often a long process. To decide what happens while you wait for the divorce to be finalized, you can file a request for a temporary support order. A temporary support order can set out who will be responsible for important things in your life, like child support or payment of debts, while you're waiting for the divorce to be final. See more about temporary support orders.
Once you have completed the forms and are ready to file:
You have to pay a fee to file for divorce — $300 for a divorce with children or $200 for a divorce without children.
If you have a low income and can’t afford the filing fee, you can choose to add a Civil Fee Waiver Affidavit, or Poverty Affidavit, to create an additional form to file with your packet of documents. This form asks that you be allowed to file without paying a fee upfront. You may still be responsible for paying the fee at the end of the case.
The Court has to tell your spouse that you have filed for divorce. This is called “serving” divorce papers. One of the forms that you will have to fill out asks you how you want the forms to be served. The preferred method in Cuyahoga County is certified mail. See more about “serving” divorce papers.
If you have questions about the process of filing for divorce, you can contact the Help Center at (216) 443-8880.
Once you file for divorce, there are certain things you and your spouse are not allowed to do, such as selling your car or changing your insurance while your case is ongoing.
“Mutual restraining orders” explain what you cannot do. They are court orders that are issued automatically when a divorce is filed.
The orders stay in effect until the Court issues a different order or your case ends.
You can learn more about mutual restraining orders in Local Rule 24.
If you asked for a temporary support order, your spouse will get 14 days to file their own documents to either agree or disagree. If your spouse doesn't respond in that time, the Court will issue the temporary support order that it approves.
If your spouse responds in time and asks for something different, the Court may schedule a hearing to discuss the temporary support order and make a decision on what the temporary support order should be. This hearing is usually held about 4 to 6 weeks after you file the paperwork. You must attend the hearing.
Once the Court decides on the temporary support order, you need to do what it says until your divorce is finalized.
Once your spouse has been served with your divorce “ complaint ” – the formal document where you ask for a divorce, your spouse will have 28 days to file their own response. This response is called an “answer.” Your spouse also may file a “ counterclaim ” to ask for something else in the divorce.
If your spouse files an answer in time, it means your case is “contested,” or challenged. The Court will set a meeting called a pre-trial hearing about 30 to 45 days after your spouse was served. Look for a pre-trial or hearing notice from the Court, and follow the instructions in the notice. You must attend the hearing. If you can’t make it to a hearing, you can file a Motion for Continuance to ask the Court to reschedule it.
If your spouse doesn’t file an answer, then the case is “uncontested,” or not challenged, and the Court will set a final hearing about 6 weeks after your spouse was served with your divorce papers.
A pre-trial hearing is where you and your spouse discuss the terms of the divorce. The Court may ask you to work with a mediator to come to an agreement.
In the pre-trial hearing, you will tell the Judge what you and your spouse agree on and what you don't. The Judge may ask for more information so they can make a fair decision. If you and your spouse can agree on all the terms of the divorce at your pre-trial hearing, you may be able to submit your finished plan to the Court. If the Judge agrees with your plan and thinks that you have given all the information they need, you may be able to finalize your divorce right away.
You must either agree on or prove the "grounds," or reason, for your divorce during the pre-trial hearing. Couples can agree that they are “incompatible,” which means you no longer get along. If your spouse does not attend the hearing, does not agree that you are "incompatible" or if your grounds for your divorce are something other than "incompatibility," you may need to do more. You will need to call witnesses and present evidence to support your reason for divorce.
You may have to exchange information with your spouse in a process called “discovery.” This may include answering written questions, answering questions in front of a court reporter or giving documents like tax returns or bank account information. Be sure to follow any requests for discovery; otherwise you could get in trouble with the Court.
If you can't agree on everything, the Court will tell you when your next hearing will be. The number of hearings in your divorce will depend on how many issues you and your spouse cannot agree on and how long it takes you to come to agreement.
If you and your spouse have minor children together, you will need to successfully complete the Court-approved seminar for divorcing parents.
This seminar should be completed within 30 days before or after your initial filing. Once you complete the seminar, you are responsible for filing the "Certificate of Completion" with the Clerk of Courts to make sure that it's entered into the case record.
You won’t be able to finalize your divorce until you complete the seminar. You can learn more about the divorce seminar in Local Rule 34.
Before your final hearing, you must submit a proposed “Judgment Entry of Divorce” that says what you want the judge to include in the final divorce order. This form will be reviewed by the Court's Help Center for completeness and then sent to the Judge or Magistrate holding your final hearing for their review and approval.
If you don’t submit this form, your case could be dismissed.
Please contact the Help Center at least two weeks before your final hearing at (216) 443-8880 to prepare your proposed judgment entry.
When your judgment entry has been reviewed and found complete by the Help Center, your form will say "Sent for Approval." This means that they have sent your proposed judgment entry to the Judge or Magistrate holding your final hearing for their review and approval.
Review your hearing notice to find out what you need to bring with you to the hearing. If your hearing is uncontested, this may include a witness that can support your grounds for divorce, as well as documentation showing proof of income.
Dress professionally for the hearing. Don’t wear shorts, t-shirts, tank tops, halter tops or other clothing that could seem unprofessional.
If you and your spouse have agreed on all the issues, the Judge will read your written agreement and confirm it is acceptable under Ohio law. The Judge will then approve it and sign it.
If you and your spouse have not agreed, the Judge may say that they need time to review all the evidence and make a decision based on Ohio law. The Judge will end the hearing and issue a written decision later. The Judge is responsible for making sure there is a fair agreement for all the issues involved in ending the marriage, including child custody, support, property, debts and more.
Your divorce is not finalized until the Judge has signed the “Judgment Entry of Divorce” and it is filed with the Court. This is usually filed automatically after the Judge approves the divorce.
After the Judge signs the judgment entry, your form will say "Closed." You can view a copy of the final judgment entry online at the Clerk's website.
You can get a certified copy of the judgment entry for a small fee from the Cuyahoga County Domestic Relations Clerk of Court. Contact the Certified Copies Department by phone at (216) 443-7977 or by email at [email protected] .