Contested Divorce

What Makes a Divorce Contested

In a contested divorce, one spouse—the plaintiff—files a complaint for divorce along with the necessary forms with the court. The other spouse—the defendant—files an answer with the court. The filing of that answer is what makes the divorce contested: the defendant is now actively responding to the complaint rather than letting it proceed uncontested.

Discovery — Exchanging Information

Once the case is contested, the parties exchange information through a process called discovery. Discovery lets each side learn the relevant facts—about income, assets, debts, and other issues—so the case can be evaluated honestly and prepared for either settlement or trial.

Attempting to Settle

The parties will then try to resolve their differences. In most cases, the parties settle—reaching agreement on the contested issues without the need for the court to decide them. A negotiated settlement usually costs less, takes less time, and gives both spouses more control over the outcome than letting a judge decide.

The Final Hearing & Trial

Both spouses attend the final hearing. If the parties have settled, the court reviews and approves the agreement. If the parties cannot settle their differences, the case goes to trial in front of a judge. The court will then decide all contested issues—such as parental rights and responsibilities, child support, spousal support, and the division of property and debts—based on the evidence and the law. (Ohio does not allow jury trials in divorce cases.)

Because so much is at stake in a contested case—your children, your finances, your future—you want a lawyer who is prepared to negotiate a fair settlement and ready to try the case when settlement is not possible.

Grounds for Divorce in Ohio

Ohio law lists the grounds for divorce in R.C. 3105.01. They include willful absence for one year, gross neglect of duty, extreme cruelty, living separate and apart without interruption for one year, and incompatibility—which applies “unless denied by either party.” In practice, incompatibility is commonly alleged. The ground pleaded is not what decides the property division or the allocation of parental rights and responsibilities; those are governed by their own statutes.

What the Court Decides If the Case Goes to Trial

When the parties cannot settle, the court decides each contested issue under the statute that governs it: parental rights and responsibilities under R.C. 3109.04 and parenting time under R.C. 3109.051; child support under Chapter 3119. of the Revised Code; and spousal support and the division of property under R.C. 3105.18 and R.C. 3105.171. For a closer look at two of those, see How Is Child Custody Decided in Ohio? and Who Gets the House in a Divorce in Ohio?

How Long a Contested Divorce Takes

Ohio does not set a single deadline for a contested divorce. The timeline depends on the court’s docket, how much discovery the case requires, and how far apart the spouses are on the issues—which is why a case that settles can move considerably faster than one that is tried. If the other spouse never responds at all, the case can proceed as an uncontested divorce instead; see Uncontested Divorce.