Ohio Divorce Attorney: The Complaint for Divorce

Let the Divorce Process Begin:

The Complaint for Divorce

A divorce case is initiated by the filing of a document called the Complaint, which is similar to other complaints filed in other civil matters, requiring certain language and allegations, as well as a specific relief sought, to be stated in the document.

Facts must be alleged that are sufficient to meet jurisdictional requirements – to prove to the court the case should be heard in that specific court. In order for the case to be heard in the State of Ohio, the Plaintiff must have been a resident of the State of Ohio for at least 6 months prior to filing the complaint.  Plaintiff must also have been a resident of the county in which the filing was made, however, a the matter may proceed in a different county if both parties agree to the change of venue.

Also, the Complaint for Divorce must include facts alleging where and when the marriage took place, and whether any children were born of the marriage, including the children’s names and birthdates.  In addition, 1 of the following 11 grounds for divorce, which are set forth in the Ohio Revised Code Section 1305.01, must be included:

1.  Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
2. Willful absence of the adverse party for one year;
3. Adultery;
4. Extreme cruelty;
5. Fraudulent contract;
6. Any gross neglect of duty;
7. Habitual drunkenness;
8. Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
9. Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
10. On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
11. Incompatibility, unless denied by either party.

Finally, a Complaint for Divorce is not complete without stating a specific relief being sought, including but not limited to granting of the divorce, a reasonable division of property, an allocation of parental rights and responsibilities, child support, spousal support, legal fees and costs, and any other relief reasonable under the law.

If you want to file a complaint for divorce office or telephone consultation.  I will help you secure your family, your finances, and your future.