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Understand the Process of How to Get a Divorce in Franklin County
Stepping into the world of legal proceedings can feel like navigating a maze, and filing for divorce in Franklin County, OH, is no exception. With emotions running high and the future uncertain, knowing where to start can seem daunting.
Yet, understanding the process is the first step toward a new beginning. Whether you’re amicably parting ways or facing complex disputes, the path to filing your divorce papers is filled with decisions that shape your journey ahead.
This guide aims to demystify the process, offering a beacon of clarity in a time of turmoil.
Ready to take the first step? Keep reading to unlock the essential insights that will guide you through filing for divorce in Franklin County, making the process as smooth as possible.
To get more info on filing for divorce in Ohio, find a detailed overview in our article, How to File for Divorce in Ohio.
Key Takeaways:
- You have to meet specific requirements in order to file for divorce in Franklin County OH
- Pay close attention to the grounds for divorce you can file under – they can make a big difference in your case
- Learn what documents and forms you’ll need in order to file successfully
- You need to pay filing fees when you submit your paperwork unless you qualify for a fee waiver
- It’s possible to file without an attorney, though there are pros and cons to doing so
Table of Contents
Who is Eligible to File for Divorce in Franklin County OH?
Before you can file for divorce in Franklin County, OH, you have to meet the residency requirements.
They are as follows:
- You or your spouse must have been a resident of Franklin County for at least 90 days prior to filing for divorce.
- If you and your spouse lived together in another state or county before moving to Franklin County, you must have resided in Franklin County continuously for at least 30 days before filing for divorce.
These residency requirements are necessary to establish jurisdiction within Franklin County and ensure that your divorce case can be heard in the appropriate court.
If you do not meet the residency requirements, you may need to wait until you have lived in Franklin County for the required amount of time before filing for divorce.
If you’re not sure about whether or not you meet the requirements, consult with a qualified family law attorney or refer to the Franklin County Clerk of Courts website.
Grounds for Divorce in Franklin County OH
In Franklin County, OH, couples have the option to file for divorce based on either no-fault or fault-based grounds. In this section, we will explore each of them.
No-Fault Divorce
A no-fault divorce in Franklin County, OH is available when neither party is considered at fault for the dissolution of the marriage. This means that the couple can mutually agree to end their marriage without placing blame on either party.
No-fault divorces are generally based on the grounds of “irreconcilable differences” or “incompatibility.” In these cases, it’s not necessary to provide evidence of wrongdoing or misconduct.
Fault-Based Divorce
In contrast to a no-fault divorce, a fault-based divorce in Franklin County, OH is based on the actions or behavior of one spouse. This can include grounds such as adultery, cruelty, abandonment, or imprisonment.
To file for a fault-based divorce, the spouse seeking the divorce must provide evidence of the alleged fault.
Fault-based divorces can be more complicated and require strong supporting evidence. The process can be emotionally challenging, as it involves proving the misconduct of one party.
However, in some cases, pursuing a fault-based divorce may be necessary to protect your rights and interests.
When deciding which type of divorce to pursue, you should talk with a qualified family law attorney who can provide guidance based on your unique circumstances. They can help you understand the grounds for divorce in Franklin County, OH, and provide the necessary legal advice to navigate the process effectively.
How to File for Divorce in Franklin County OH
Gather Necessary Documents
Filing for divorce in Franklin County, OH requires the gathering of specific documents. Here’s a list of the main ones you’ll need:
- Proof of residency: Provide documents that establish your residency in Franklin County, OH, such as a driver’s license, utility bills, or lease agreements.
- Marriage certificate: Gather a certified copy of your marriage certificate.
- Income information: Collect documents that outline your income, including pay stubs, W-2 forms, or tax returns.
- Asset and debt information: Compile information about your assets, such as real estate properties, vehicles, and bank accounts, as well as any outstanding debts.
- Child custody and support information: If applicable, gather information regarding child custody arrangements and child support calculations.
Complete the Forms
Once you have the forms you need, the next step is to fill out the required forms. You can get the forms can be obtained from the Franklin County Clerk of Courts or through their official website. Some common forms you may need to complete include:
- Petition for Divorce: This form initiates the process and outlines the grounds for divorce.
- Financial Affidavit: This form captures your financial information, including income, expenses, assets, and debts.
- Child Custody and Support Agreement: If you have children, this form addresses child custody and support arrangements.
- Property Division Agreement: This form outlines the division of assets and debts between you and your spouse.
| Required Documents | Required Forms |
|---|---|
| Proof of residency | Petition for Divorce |
| Marriage certificate | Financial Affidavit |
| Income information | Child Custody and Support Agreement |
| Asset and debt information | Property Division Agreement |
| Child custody and support information |
How Much Does it Cost to File for Divorce in Franklin County OH?
When filing for divorce in Franklin County, OH, there are certain fees that must be paid. These filing fees vary depending on the type of divorce and the specific circumstances of the case.
Here’s an overview of the common fees you may have to pay:
| Type of Action | Security for Costs Deposit |
|---|---|
| Dissolution (with or without minor children) | $200.00 |
| Divorce (with or without minor children) | $250.00 |
| Legal Separation or Annulment (with or without minor children) | $175.00 |
| Custody or Support of Child/Children (Ohio Revised Code 2151.233) | $150.00 |
| Other Actions Initiated by Complaint or Petition | $100.00 |
| Counter-Claims | |
| Divorce, Annulment, Legal Separation, Custody or Child Support | $43.00 |
These fees are subject to change, so check with the court here to see the latest fees.
It’s important to note that these fees are separate from any attorney fees or other costs associated with the divorce.
Fee Waiver
There is the option of getting a fee waiver where you can ask the court to waive the filing fees due to financial hardship.
To qualify for a fee waiver, you’ll need to meet specific criteria set by the court. Generally, eligibility is based on your income and assets. The court will assess your financial circumstances to determine if you meet the requirements for a fee waiver.
If you believe you are eligible for a fee waiver, complete an application form provided by the court. Then submit it to the court along with any supporting documents that may be required. The court will review your application and notify you of the decision regarding your fee waiver request.
| Criteria for Fee Waiver Eligibility | Documents Required |
|---|---|
| Proof of income and assets | Income statements, financial records |
| Proof of financial hardship | Bank statements, tax returns |
| Completed fee waiver application | Application form provided by the court |
Where to File for Divorce in Franklin County
Divorce cases are handled by the Franklin County Court of Common Pleas – Division of Domestic Relations and Juvenile Branch
373 South High Street 6th Floor, Columbus, Ohio 43215
- Telephone: 614-525-3621
- Fax: 614-525-4325
How to File for Divorce Without an Attorney
If you’re planning to file on your own, without a lawyer, getting to know the process is key. While it’s often better to have a lawyer, some folks decide to handle it themselves. Here’s how you can manage your divorce without a lawyer’s help.
Learn about DIY divorce: First off, make sure you understand how to file in Franklin County and Ohio. Look up what you need to do, the rules to follow, and the paperwork required to make sure you’re doing everything right.
Find forms and help: Franklin County, OH has resources for people going through divorce without a lawyer. Check out the Franklin County Court’s website for the forms and guidelines you need. Make sure you read and understand these forms before you fill them out.
Get some advice: Just because you’re not hiring a lawyer doesn’t mean you can’t talk to one. Some lawyers offer a first meeting for free or help on a one-time basis. You can ask questions and get advice to help you feel more confident and informed as you go through your divorce.
To see how this process of filing for divorce in Franklin compares to that in other Ohio counties, check out our articles about how to file for divorce in Fairfield County OH and filing for divorce in Greene County OH.
