The Dissolution of Marriage Hearing 

What happens when you go to Court for your for the dissolution of marriage hearing or final divorce hearing?  The procedure of course can vary and depend upon the individual judge.  But here is a common checklist for cases of an Ohio Dissolution of Marriage or for an Uncontested Divorce in Ohio:

Introductory Questions: The Parties and the Jurisdiction of the Court

What is your name and address?

What is the name of your spouse and the date and place of your marriage?

Are there any minor children between husband and wife and if so what are their names and dates of birth?

Is the wife pregnant with child now?

Have you been a resident of the County for more than 90 days and a resident of the State of Ohio for more than six months prior to the filing of the dissolution of marriage or divorce?

The Separation Agreement which sets forth the terms of the Dissolution of Marriage

Have you made a complete disclosure of all of your assets and liabilities to your spouse and has your spouse made a complete disclosure of all of their assets and liabilities to you?

Do you feel that you understand all the terms of the Separation Agreement?

Is fair to you?  Is it fair to your spouse?

The Judge may ask you to explain what is in your Separation Agreement—the main thing is that it is a fair division of your assets and your debts.  A Court will especially be interested in the income of each party and any real estate or retirement accounts.

In a dissolution there is always a Separation Agreement.  But if it is a divorce and there is no Separation Agreement, the Court will ask what is in the proposed Judgment Entry which sets forth all the terms of the divorce and if the terms are fair.

Where There Are Children: The Parenting Plan For The Children

Do you understand the Parenting Plan for your children?  This is either custody to one parent or a Shared Parenting Plan (You can review other sections of this website to learn about parenting plans).  The Parenting Plan sets forth the rights and responsibilities of the parents relative to the minor children and deals with parenting time, child support and medical coverage.

Is the Parenting Plan in the best interests of your children?

That You Want To Be Divorced

In an Ohio dissolution of marriage hearing, both parties must attend the final hearing and both will be asked something like this:

Are you unable to resolve your differences?

Is there any hope of reconciliation?

Do you want to be divorced today?

In an Uncontested Divorce in Ohio, only the Plaintiff has to attend the final hearing and the basis of the divorce is usually incompatibility and/or being separated for more than one year.  Example:

Are you and your spouse incompatible?

Is there any hope of reconciliation?

Do you want to be divorced today?

When you have lived apart for more than one year: Have you lived separate and apart from your spouse for more than one year?

A witness vouches for the basis for the divorce- that husband and wife are incompatible or that husband and wife have lived separate and apart for more than one year.  If the other spouse attends the final hearing and vouches for the grounds, no witness is needed.