One of the biggest concerns in any separation, divorce, or dissolution proceeding is often: “How will this affect the kids?” And for good reason.

According to a landmark 25-year study, adult children of divorce have more unstable father-child relationships, greater reluctance about commitment, and less education than their non-divorced counterparts. Also, these children carry very impactful, and sometimes traumatic, memories of the process of forced custody and visitation.

In a recent op-ed piece by Beth Behrendt in the New York Times, she recounts an associate’s adult reflection on the hardship of being split between two lives.

“It was 30 years ago but I will never forget my little sister sobbing uncontrollably every time we had to move houses. It was awful.”

What happens if a divorce complaint goes unanswered? Usually if one spouse files for divorce, the other spouse jumps in to make sure his or her competing interests are represented. 

Not always. Sometimes the allotted time to respond passes and prompting the court to grant an uncontested divorce. 

No contest! The person who filed is granted the divorce. Possibly "as is," or with some modifications at the judge's discretion. 

But not answering a complaint is no way to prevent a divorce from happening. No reply just means the other party wins by default.

Uncontested Divorce in Ohio

In Ohio, the other party has 42 days to respond to a divorce complaint. It that period passes with no response from the opposing party, the judge will grant an uncontested divorce.

Often the judge will award the divorce “as is,” according to the original complaint. But sometimes the judge will make some changes at his or her discretion and then grant the divorce.

The party who does not respond is at a disadvantage. Everyone should have his or her interest presented in an important matter such as ending one’s marriage.

What is the difference between a dissolution and a divorce? In a divorce, the spouses are unable to agree on issues such as child support, property di...

In Ohio, a dissolution is a non-adversarial proceeding to legally terminate a marriage. A Dissolution also means that the terms of the divorce are decided between the two parties before any documents are filed with the court.

Unlike a divorce, the negotiating couple is expected to voluntarily trade any information as part of their dissolution. The courts do not have subpoena power during dissolution and cannot put temporary orders in place or force either side to share information.

The court does allow professionals to be hired to evaluate a property or give financial advice.

Q: What is a Separation Agreement?

Any couple going through dissolution in Ohio is required to have a Separation Agreement. This is essentially a legally binding contract between two parties that mainly sets out all the assets and liabilities of the case.

Assets are things like vehicles, stocks, and bonds, real estate, retirement or profit-sharing plans, jewelry, household furnishings or pretty much anything else valued over $500. Liabilities are another part of the separation agreement and usually consist of credit card debt, mortgages, and student loans.

To file this agreement with the court, it's required that both parties agree on every issue outlined in the Separation Agreement. Assets must be divided and who is responsible for which debts need to be clarified. Any spousal support will also be included in this agreement.

How Long Does a Divorce Take?

One of the first questions that a client who is contemplating a divorce asks an attorney is, “How long does a divorce take?”

Unfortunately, it typically takes much longer to get out of a marriage than it does to get married unless you live in a state that has a simplified divorce proceeding and your divorce is uncontested.

The length of time that a divorce takes depends on several factors including...