How Can I Get a Divorce or Dissolution in Ohio if My Spouse is Incarcerated?

Question from Barbara, How Can I Get a Divorce or Dissolution in Ohio if My Spouse is Incarcerated?

Answer from AI:

If you live in Ohio and your spouse is incarcerated in a federal prison, you have options to pursue a divorce or dissolution of marriage even without a lawyer. Here’s a general guide to help you understand the process and what steps you might need to take.

Divorce vs. Dissolution

In Ohio, there are two primary ways to legally end a marriage: divorce and dissolution.

• Divorce: This is a court process where one spouse files a complaint alleging grounds for the divorce. It can be contested or uncontested.
• Dissolution: This is a mutual agreement between both spouses to end the marriage. Both parties must agree on all terms, including property division, child custody, and support.

Steps to File for Divorce

If you decide to file for divorce, here are the general steps you need to follow:

1. Determine Grounds for Divorce: Ohio recognizes both fault and no-fault grounds. No-fault grounds include incompatibility or living separately for at least one year.
2. File a Complaint: You need to file a complaint for divorce in the Court of Common Pleas in the county where you reside. Forms and instructions are available on the Ohio Supreme Court’s website.
3. Serve Your Spouse: Your incarcerated spouse must be served with the divorce papers. This can be done through certified mail or by a process server.
4. Attend Court Hearings: You may need to attend court hearings. If your spouse does not contest the divorce, the process may be quicker.

Steps to File for Dissolution

If you and your spouse can agree on all terms, you can file for a dissolution:

1. Prepare a Separation Agreement: This document outlines the terms of your separation, including property division, child custody, and support.
2. File a Petition for Dissolution: Both you and your spouse must sign and file the petition along with the separation agreement in the Court of Common Pleas.
3. Attend a Hearing: Both parties must attend a court hearing, usually scheduled 30-90 days after filing. Given your spouse’s incarceration, you may need to request special accommodations.

Resources and Self-Help

If you cannot afford a lawyer, there are resources available to help you:

• Ohio Legal Help: Provides free legal information and resources.
• Ohio Supreme Court Forms: Access to necessary forms and instructions.
• Legal Aid Societies: May offer free or low-cost legal assistance based on your income.

When to Consult a Legal Professional

While it is possible to handle a divorce or dissolution on your own, consulting with a legal professional is advisable, especially if:

• You have complex property or custody issues.
• Your spouse contests the divorce.
• You are unsure about the legal process or your rights.

Legal professionals can provide personalized advice and ensure that your rights are protected throughout the process. If you need specific legal advice, consider reaching out to a family law attorney in Ohio.