Divorce Kit FAQs

A dissolution of marriage is a non-adversarial, "no-fault," legal proceeding to terminate a marriage. The parties file a joint petition with the court, requesting that the court review and approve the agreement that they have entered into, which agreement has resolved all relevant issues such as division of property, allocation of marital debt, allocation of parental rights and responsibilities, etc., and that the court terminate their marriage. All of the issues must be resolved or the dissolution procedure cannot be used. Both spouses will have to appear in court in order to finalize the dissolution.

What is an "Uncontested Divorce"?
An "Uncontested Divorce" is the legal separation and termination of the marital relationship by the judgment of a court upon a finding by the court that certain "grounds" for divorce exist but where the parties agree that these "grounds" exist (usually that the parties are "incompatible" or that they have "lived separate and apart for more than one year.") In other words, neither party "contests" the granting of the divorce so neither party has to accuse the other of any kind of wrong-doing. It is basically a "no-fault" divorce. The divorce puts an end to the marital relationship.

The way our "uncontested" divorce package works, is almost identical to the dissolution procedure: the parties will have entered into an agreement which has resolved all relevant issues such as division of property, allocation of marital debt, allocation of parental rights and responsibilities, etc. Then, because only one of the parties is residing in Ohio, that party files a "Complaint for Divorce" with the court, requesting that the court review and approve the agreement and find the appropriate "grounds" exist for the granting of the divorce. The party who lives outside of Ohio files a document with the court agreeing to the procedure. Just as in the dissolution procedure, all of the issues must be resolved for the procedure to be used.

What are the benefits of one method over the other?
Because of the way that we have created our packages, the two procedures are almost identical. The type of procedure that you choose will probably be based on whether or not both of the spouses live in Ohio or can both come to court for the final hearing. In the dissolution procedure both spouses will have to appear in court for the final hearing. In the "uncontested" divorce procedure only one spouse will have to appear in court for the final hearing. Both procedures will result in the termination of the marriage and the adoption of the separation agreement (and shared parenting plan if desired) as an order of the court.

What are the requirements for filing a petition for dissolution or an "uncontested" divorce?
The requirements for filing a petition for dissolution or an "uncontested" divorce are that at least one of the parties must have been a resident of the State of Ohio for at least 6 months immediately prior to the filing of the petition and a resident of the county in which the Petition for Dissolution or the Complaint for Divorce is being filed for at least 90 days immediately prior to the filing.

Additionally, the parties will have had to have resolved all relevant issues such as division of property, allocation of marital debt, allocation of parental rights and responsibilities, etc. and entered into a written agreement (the "separation agreement") that evidences the understanding of the parties. If the parties have children and have agreed on a "shared parenting" (joint custody") arrangement, that agreement must also be put into a written agreement called a "shared parenting plan."

What is the procedure for a dissolution of marriage?
Prior to the filing of a petition for dissolution, the parties must execute a separation agreement that provides for the division of all real and personal property; determines the issue of spousal support (i.e. whether there will or will not be spousal support (alimony) paid by one spouse to the other and if so, how much); if minor children are involved, it must make provisions for the allocation of parental rights and responsibilities, child support and visitation rights, and; the resolution of any other issues that relate to the marriage that are proper for a separation agreement. The separation agreement must be voluntarily entered into by both parties after full financial disclosure.

The petition must be signed by both parties, attached to the petition for dissolution and filed with the proper court. Service of process must be made on both parties but is usually accomplished by having the parties sign a waiver of service that is attached to the petition.

After the petition is filed, a hearing date is set by the court. The hearing date must be not less than 30 days or more than 90 days after the filing of the petition. At the time of the hearing both parties must be present in court. The testimony of the parties must be presented to satisfy the judge that the parties entered into the separation agreement voluntarily; that they are satisfied with the terms of the agreement; that the agreement is fair; and, that the parties still want to terminate the marriage by way of dissolution. If the judge so finds, a judgment of dissolution will be entered that incorporates the terms of the separation agreement, thus making the separation agreement an order of the court and the marriage will be terminated.

What is the procedure for the "uncontested" divorce?
The initial procedure is very similar to the dissolution procedure. Prior to the filing of "Complaint for Divorce" the parties must execute a separation agreement that provides for the division of all real and personal property; determines the issue of spousal support (i.e. whether there will or will not be spousal support (alimony) paid by one spouse to the other and if so, how much); if minor children are involved, it must make provisions for the allocation of parental rights and responsibilities, child support and visitation rights, and; the resolution; of any other issues that relate to the marriage that are proper for a separation agreement. The separation agreement must be voluntarily entered into by both parties after full financial disclosure.

The "Complaint for Divorce" alleging the "grounds" of "incompatibility" and/or "living separate and apart for more than one year," if applicable, will then be filed by the spouse who lives in Ohio. The person filing the "Complaint for Divorce" is the "plaintiff" and the other spouse is the "defendant." The defendant will have reviewed and signed a document waiving his or her right to be served with a copy of the "Complaint for Divorce" because they will already have received a copy with the "Uncontested Divorce" Kit, agreeing to the Court's granting the divorce requested by the plaintiff and asking the Court to approve the separation agreement and, if applicable, the shared parenting agreement.

After the Complaint for Divorce is filed, a hearing date is set by the court. The hearing date must be not less than 30 days after the filing of the Complaint for Divorce. At the time of the hearing the plaintiff will have to appear in court with a "corroborating" witness. The "defendant" will not have to come to court. The testimony of the plaintiff and his or her witness must be presented to satisfy the judge that there are sufficient grounds for the divorce and that the separation agreement and, if applicable, the shared parenting agreement is fair and equitable. If the judge so finds, a divorce will be granted that incorporates the terms of the separation agreement, thus making the separation agreement an order of the court and the marriage will be terminated.

What comes with the Kits?
Depending on what kit you order, you will receive either a Petition for Dissolution or a Complaint for Divorce. In addition, with either kit you will receive a completely filled out separation agreement based upon the information you provide to us. If you have children you will also receive a completed "child support guideline worksheet" and the required "child custody affidavit." If you do not order a "shared parenting package," the parental rights and responsibilities ("sole custody," "child support," "visitation," etc.) provisions will be contained in the separation agreement. If you order a "shared parenting package," the kit will also include a complete shared parenting plan. Both the "sole custody" and the "shared parenting" kits come with several proposed visitation schedules that you can choose from or which you can use to create a visitation schedule that meets your individual needs. Additionally, you will receive a judgment entry to present to the judge at the time of the final hearing that will be signed by the judge and filed with the clerk of courts that is the formal document that grants the dissolution or the divorce.

In addition, you will receive step-by-step instructions on how to file all of the documents and follow the procedure all the way through to the final granting of the dissolution or the divorce.

How do I order?
Click here on the Order Kit link below and fill out the order form on-line or you can print the order form and fax the completed order form to us after you fill it in. The order form will ask you all of the necessary questions to permit you to provide us with all of the information we need to complete your forms. If there is anything that is not addressed by the order form that you want us to know about, simply type it in the box provided for additional information.

Order Kit. If you have any questions, simply E-mail us.