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Divorce in Fayette County
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Online Divorce in Fayette County
Please note: OnlineDivorce.com in Fayette County, Ohio, is a divorce document preparation service, not a law firm. Online Divorce is not eligible to provide legal advice. All the information below is for informational purposes only.
Those seeking the easiest way to arrange a divorce process in Fayette County can file for an uncontested divorce. This implies that the spouses can reach an agreement on finances, property, child custody, and other significant matters of their divorce case, avoiding a divorce trial. An uncontested divorce opens the door to a variety of alternative options for how to arrange the procedure (mediation, collaborative divorce, etc.). And in some cases, the spouses may even proceed without a lawyer and have a do-it-yourself divorce in Fayette County.
As a document preparation service, OnlineDivorce.com can be a fast and easy way to avoid unnecessary costs and stress for each of these types of amicable divorces. This service assists you with filling out divorce papers in Fayette County online, without leaving home.
Since filing procedures vary by state and county, OnlineDivorce takes into account the Family Law of each state as well as the specific regulations of each individual county. Taking into consideration both the peculiarities of the local rules and the unique circumstances of each case, OnlineDivorce.com provides its customers with the correct paperwork. The user can receive a completed kit of printable forms within a couple of days, and OnlineDivorce.com ensures the court will approve it.
Thousands of couples filing for divorce in Fayette County have already appreciated the advantages of OnlineDivorce.com, including a fair price with no hidden fees, proper forms, quick results, and step-by-step guidance through the filing process.
With OnlineDivorce.com, preparing the necessary divorce paperwork is an inexpensive and truly simple first step towards getting a divorce in Fayette County, Ohio.
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Valid grounds to get divorce in Fayette County
To file for divorce in Fayette County, Ohio, the spouse who initiates the case (called the petitioner) fills out a Petition for divorce.
With this document, the petitioner starts the case and also defines whether a divorce is no-fault or fault-based, using the grounds for divorce which are recognized in Ohio.
Ohio Revised Code, Sec. 3105.01, provides both fault and no-fault grounds for divorce. The filing spouse can file for divorce based on spousal misconduct, including:
Willful abandonment (for one year and more);
Gross neglect of duty;
Imprisonment of the adverse party at the time of filing the divorce petition.
All the fault grounds for divorce must be proven before the court, which makes the process much more complicated.
Nowadays, given the increasing popularity of more simple uncontested divorces, the majority of couples obtain a no-fault divorce in Fayette County, Ohio. No-fault divorce does not need to be proven, so the length of a no-fault divorce process is typically less, and it is more affordable.
No-fault grounds for divorce in Ohio are:
The spouses have lived separate and without cohabitation for at least one year;
Incompatibility, unless denied by either party.
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In a divorce in Fayette County with children involved, the spouses have to resolve custody issues. Ohio courts welcome parents to make their own parenting plan, which would allocate all the parenting rights and liabilities, including the child's primary residence, visitation hours, etc.
If the court concludes that the spouses' agreement meets the best interest of the child, it is enforceable. Otherwise, the court decides at its discretion.
In Ohio, parents are presumed to have joint custody of any minor child born during the marriage. Shared parenting is a parenting plan agreement in which children spend significant amounts of time with both parents, and both parents equally share in the decision making for their children.
Under the Ohio Code, Sec. 3109.04(F), in determining the best interest of a child, the judge considers all relevant factors, including, but not limited to:
the wishes of the child's parents;
the child's interaction and interrelationship with the child's parents, siblings, and other relatives;
the child's adjustment to the child's home, school, and community;
the mental and physical health of all persons involved;
any history of cruel treatment and violence;
whether either parent has established a residence or is planning to establish a residence, outside this state.
When considering awarding shared parenting, the court takes into account the following:
the distance between parents' residences;
each parent's willingness and ability to cooperate with the second parent, as well as to encourage the child to maintain a relationship with the other parent.
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Rules for child support in Fayette County
Child support is the amount of money needed to meet the reasonable needs of the children for health, education, and maintenance.
In Fayette County, Ohio, in divorce with a child involved, child support is calculated based on the parents' combined gross income and the number of children in the family. According to the Ohio Code, Sec. 3119.021, calculating an amount of child support, the courts use the basic child support schedule. The exact amount can be determined with the help of the Ohio Child Support Calculator.
If the court issues a shared parenting order, the child support shall be determined and calculated to the schedule using the worksheet contained in Sec. 3119.02.2 of Ohio Code.
Rules for spousal support in Fayette County
In a divorce in Fayette County, the spouse who lacks money, property, and opportunity to become self-supporting is eligible to seek alimony from the spouse with the higher income.
There is no specific alimony schedule in Ohio. The court considers alimony requests on a case-by-case basis.
To determine whether alimony is needed or not, as well as to decide the amount and duration of payments, the court considers the following factors:
the length of the marriage;
each spouse's income, property, and retirement benefits;
each spouse's contribution to the education, training, or earning ability of the other party;
each spouse's age, health, and reasonable needs;
the standard of living established before a divorce;
the tax consequences for each party;
each spouse's relative assets and liabilities, including any court-ordered payments;
and any other factors the court may deem significant.
Based on these considerations, one of three types of alimony may be awarded:
Temporary spousal support order which covers unplanned expenses caused by the proceeding and lasts as long as it takes to finalize the divorce.
Short-term alimony which allows the receiving party time to gain the necessary skills and find decent employment.
Long-Term alimony which is granted to a spouse with significant needs and is usually reserved for divorces after 10 and more years of marriage.
Uncontested Fayette County divorce with children
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Property division in Fayette County
Under the Ohio Code, Sec. 3105.17.1, Ohio is an equitable distribution state, which means that in a dissolution of the marriage, all the couple's marital property must be divided between the parties fairly, but not necessarily equally. How the property is divided may be decided by either the court or the spouses themselves if they sign a Settlement Agreement.
The separate property of each party, including personal gifts and inheritances of each party, property acquired by either spouse after a decree of legal separation or assigned in a premarital agreement, property acquired before the marriage, and any income acquired from separate property during the marriage, is not subject to division.
the costs of sale, if any asset must be sold to ensure an equitable distribution of property;
terms of a prenuptial agreement if any;
any other factor that the court finds to be essential.
Mediation support in Fayette County
When spouses apply for divorce in Fayette County, they may resort to divorce mediation. This option of alternative dispute resolution is not mandatory in Ohio, however, it can help the parties to negotiate and reach an agreement out of court.
According to Ohio Code, Sec. 3105.091, the court may order mediation sessions in some cases, especially if there are child-related issues to resolve, and the mediation period may extend for up to 90 days. Additionally, in a divorce with children in Fayette County, divorcing spouses may be required to attend parenting classes.
How to file for divorce in Fayette County | Step-by-Step
The spouses must meet Ohio residency requirements to get a divorce in Fayette County. Under the Ohio Code, Sec. 3105.03, either spouse must be a resident of the state for at least six months before filing for divorce as well as a resident of a Fayette County for a period of 90 days.
In Fayette County, actions for dissolution of the marriage are handled by the court of common pleas.
To start the process, the plaintiff (petitioner) has to prepare the required divorce forms, fill them out, and file the Petition with the Court Clerk's office of the Domestic Relations Division.
To file for an uncontested dissolution of marriage, the petitioner has to attach the Settlement Agreement and Parenting Plan in the initial filing.
The plaintiff should know how to serve the other spouse with copies of all divorce papers. In Fayette County, the serving procedure can be accomplished via certified mail, registered mail, private process service, or sheriff's service. If the location of the second party is unknown, the plaintiff can publish notice of the divorce in the local newspaper and further qualify for a default divorce. However, in an agreed divorce, both spouses can waive their right to service of process of the petition itself.
After the Petition is filed along with the other forms, the court schedules a final hearing between 30 and 90 days from the date of filing, which is the last stage of the divorce timeline in Ohio.
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Filing fees for divorce in Fayette County
How much a divorce will cost depends on many factors. However the court filing fee is mandatory for all cases, except for those qualified for a fee waiver due to financial hardship. The average filing fee In Ohio is about $250. If a person wants to request a fee waiver, he or she needs to disclose their financial information and file the relevant documents which include a Motion to Proceed In Forma Pauperis and an Affidavit to Proceed In Forma Pauperis.
How long will it take?
How long it takes to finalize a divorce in Fayette County will depend on whether both parties agree on the essential terms of their separation. Contested cases usually take much longer than uncontested cases. An average amicable divorce in Ohio typically takes about 90 days, since the state of Ohio requires a waiting period before the court can hear the final hearing.
Filing for divorce in Fayette County | Frequently Asked Questions
How much does a divorce cost in Fayette County?
The cost of dissolution in Fayette County starts with a court filing fee, but further expenses are hard to predict. There are many divorce options from DIY-divorce to traditional litigation as well as related services like counseling, mediation, online divorce, etc., which help to arrange the process. So, in the end, it all depends on what process and what type of services the spouses choose.
How do you file for divorce in Fayette County without a lawyer?
In Fayette County, the spouses can file for divorce without legal representatives. If a divorce is uncontested, and the parties are ready to resolve their disputes jointly, such a do-it-yourself divorce is a great way to save money. Additionally, services like OnlineDivorce.com can assist with the paperwork issues.
What forms are required for an uncontested divorce in Fayette County?
The most common divorce forms required to be filed to start a divorce process in Ohio include:
Petition for Dissolution of Marriage (for uncontested case)
Complaint for Divorce (for contested case)
Answer and Counterclaim
Motion for Conversion and Petition for Dissolution and Order
Motion for Conversion and Complaint for Divorce and Order
Financial Disclosure Affidavit
Waiver of Legal Representation
Waiver of Service of Summons
Decree of Dissolution of Marriage
Judgment Entry Decree of Divorce
If the spouses have minor children, the following forms must be filed along with the Petition:
Child Support Computation Worksheet(s) (Sole, Shared or Split Parenting)
Child Support Deduction Notice
In the process of divorce, many additional legal forms may be required, depending on the case circumstances.
Can I file for legal separation in Fayette County, Ohio?
Legal separation is recognized in Ohio as an alternative to regular divorce. It is based on the same grounds as dissolution and subject to the same processes (the parties have to distribute marital property and liabilities and arrange for the care of children).
Legally separated spouses are not allowed to remarry, since the marriage remains officially valid.
In Ohio, legal separation is typically chosen by the couples who do not meet the six-month residency requirement for a divorce.
When is it allowed to remarry after a divorce?
The state of Ohio does not require any waiting period to get remarried after a divorce is finalized. The divorce becomes finalized as soon as the court issues a Final Divorce Decree.
Divorce in Fayette County online
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Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 21 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.
Divorce Courts in Fayette County, Ohio
Fayette County Court of Common Pleas, Domestic Relations Div.
Evelyn A. Pentzer
110 E Court Street, 1st Floor, Washington Court House, Ohio 43160
With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including:
prepare, file, and serve (deliver) the divorce petition
respond to the petition
interview and hire an attorney
pre-trial legal motions and hearings
settlement proposals and negotiations between attorneys
if settlement fails, prepare for and complete a court trial
appeal, if you dispute the trial judge’s decision(s)
Prepare to pay exorbitant attorney's fees - at least $2000-3000 depending on your case’s complexity.
Hourly rates vary with different attorneys and average $250-300 per hour. In rural areas, attorneys
may charge less. However, if you live in a large city, local attorneys may charge up to $1000 per hour.
At first glance, using such sites may look like an easy way to go, but it may turn into additional
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long processing times - do you like waiting?
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lack of guidance during the process
hidden fees, e.g., for any, even the simplest, revisions
outdated divorce forms causing court rejection
Did you know that some online divorce providers have virtual addresses in the US because they are
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