Lorain County Divorce Process
Divorce is a multi-step process that includes paperwork and court hearings. Read more to learn the steps to complete a divorce case in Lorain County, Ohio.
The divorce process can take 4 to 12 months if you don't have children, or up to two years (or more) if you do have children. While this article will help you understand the process, you may want to consider getting a lawyer to help you.
If you're looking for information on a specific step in the divorce process, use the links below to jump to the step you need:
- Decide whether you can get divorced.
- Fill out forms.
- Bring in and "serve" the forms.
- Wait for your spouse's response.
- Participate in conferences and hearings.
- Present your judgment entry.
- Attend the final hearing.
Decide whether you can get divorced.
In order to get divorced in Lorain County, you must meet these requirements:
- You or your spouse currently live in Lorain County and have lived there for at least 90 days.
- You have lived in Ohio for at least six months.
- If you or your spouse are pregnant, you can't finalize the divorce until the baby is born.
You do not have to be legally separated before getting divorced.
If you and your spouse live in different counties, you can choose which county you file in. You can file in a county where you have lived for more than 90 days or the one where your spouse has lived more than 90 days.
Fill out forms.
In order to file, you must fill out detailed forms describing your income, expenses, what you own and any debts. You will need to think through your finances carefully to ensure that you complete these forms truthfully. Any information that's not accurate can make things more complicated later on in the divorce process. Learn how to get organized for a divorce.
Divorce is often a long process. To decide what happens while you wait for the divorce to be finalized, you can file a request for "temporary orders" if you need a decision from the Judge about what happens in the meantime. Filing for temporary orders is optional. Learn more about temporary orders.
To find and complete the divorce forms for Lorain County, go to:
Bring in and "serve" the forms.
Once you have completed your forms and are ready to file:
[INSERT FILING INSTRUCTIONS]
You have to pay a fee to file for divorce — $380 for a divorce with children or $280 for a divorce without children as of April 2024. If you have a low income and can’t afford the filing fee, you can choose to add a Poverty Affidavit to create an additional form to file with your packet of documents. This form asks that you be allowed to file without paying a fee upfront. You may still be responsible for paying the fee at the end of the case.
The Court has to tell your spouse that you have filed for divorce. This is called “serving” divorce papers. One of the forms that you will have to fill out asks you how you want the forms to be served. The preferred method in Lorain County is certified mail. You will need to check back with the clerk to make sure that your spouse got the papers. See more about “serving” divorce papers.
Wait for your spouse’s response.
Once your spouse has been served with your divorce “complaint” – the formal document where you ask for a divorce, your spouse will have 28 days to file their own response. This response is called an “answer.” Your spouse also may file a “counterclaim” to ask for something else in the divorce.
If your spouse files an answer in time, it means your case is “contested,” or challenged. The Court will set a meeting called a conference or pretrial hearing about 30 to 45 days after your spouse was served. You must attend the hearing. If you can’t make it to a hearing, you can file a Motion for Continuance to ask the Court to reschedule it.
If your spouse doesn’t file an answer, then the case is “uncontested,” or not challenged, and the Court may set a final hearing about 6 weeks after your spouse was served with your divorce papers.
Participate in conferences and hearings.
When you file for divorce, the Court will set important meetings that you must attend, which may include:
- Case management conference
- Status conference
- Settlement conference
- Pretrial hearing
It’s important to go to any conference, pretrial hearing or other meeting the Court schedules for you. If you don’t, your case could be dismissed or finalized without you.
You can learn more about the case management process in Domestic Relations Local Court Rule 13.
Generally at a pretrial hearing or conference, you and your spouse:
- Discuss the terms of the divorce. Prepare for the meeting by bringing information about your income, expenses, property and debts. The Judge or Magistrate may ask for more information to make a fair decision. If you and your spouse can agree on all the terms of the divorce at your pretrial hearing, you may be able to submit your finished plan to the Court. If the Judge agrees with your plan and thinks that you have given all the information they need, you may be able to finalize your divorce right away.
- Agree on or prove "grounds" for divorce. You must either agree on or prove the "grounds," or reason, for your divorce during the pretrial hearing. Couples can agree that they are “incompatible,” which means you no longer get along. If your spouse does not attend the hearing, does not agree that you are "incompatible" or if your grounds for your divorce are something other than "incompatibility," you may need to do more. You will need to call witnesses and present evidence to support your reason for divorce.
If you can't agree on everything, the Court will tell you when your next conference or pretrial hearing will be. The number of hearings in your divorce will depend on how many issues you and your spouse cannot agree on and how long it takes you to come to agreement.
If you have minor children together, you will need to complete an educational seminar for parents sponsored by the Court. Look for a notice from Family Court Services about the seminar for separating parents.
Present your judgment entry.
Before your final hearing, you must submit a proposed judgment entry, or a document that says what you and your spouse have decided. You can use the forms on this site to complete your proposed judgment entry. Go to the form assistant for your case type:
[INSERT SUBMISSION DETAIL]
If you don’t submit this form, your case could be dismissed. If you have an agreement that you reached in mediation, attach that agreement to your form.
Attend the final hearing.
Bring your prepared judgment entry to the final hearing. Dress professionally for the hearing. Don’t wear shorts, t-shirts, tank tops, halter tops or other clothing that could seem unprofessional.
If you and your spouse have agreed on all the issues, the Judge will read your written agreement and confirm it is acceptable under Ohio law. The Judge will then approve it and sign it.
If you and your spouse have not agreed, the Judge may need time to review all the evidence and make a decision based on Ohio law. The Judge will end the hearing and issue a written decision later. The Judge is responsible for making sure there is a fair agreement for all the issues involved in ending the marriage, including child custody, support, property, debts and more.
Your divorce is not finalized until the Judge has signed the Final Judgment Entry of Divorce and it is filed with the Court. This is usually filed automatically after the Judge approves the divorce. The Court will also mail a copy to you.