Serving Divorce Papers in Ohio
Navigating the divorce process can be confusing and stressful. Here’s how to serve divorce papers in Ohio.
To serve divorce papers in Ohio, determine if you’d like to serve divorce papers by mail or through the sheriff or process server. Complete all required divorce paperwork before officially filing for divorce in your county of residence’s Court of Common Pleas.
Steps to Serve Ohio Divorce Papers
Filing for divorce requires a petitioning spouse to present the other spouse with official court documents. The divorce paper serving process differs across states. In Ohio, petitioning spouses can employ anyone over 18 years old to act as a process server. Ohio residents seeking a divorce should follow these steps when serving divorce papers.
Related: Ohio Child Support FAQs
1. Fill out necessary divorce paperwork
A petitioning spouse who has children must complete the following documents:
- Complaint for Divorce
- Parenting Proceeding Affidavit
- Affidavit of Basic Information, Income, and Expenses
- Affidavit of Property and Debt
- Health Insurance Affidavit
A petitioning spouse who doesn’t have children must complete the following documents:
- Complaint for Divorce
- Affidavit of Basic Information, Income, and Expenses
- Affidavit of Property and Debt
2. Fill out the Request for Service document
Petitioning spouses with or without children must complete the Request for Service form before serving the divorce papers. A spouse can serve divorce papers through certified mail, a sheriff, a process server, or publication.
Certified Mail
Spouses serving divorce papers through certified mail must request a return receipt and provide their partner’s address on the form. A court clerk will mail the defendant, or the spouse receiving the divorce petition, the completed paperwork within a month.
Serving divorce papers through certified mail is the most common and affordable option. Prices for certified mail may vary across counties.
Sheriff
The petitioning spouse can request a county sheriff or hired process server to hand the divorce complaint to the defendant personally. In Ohio, process servers don’t need to register with the state. Any individual over 18 who is unrelated to the divorce case can serve divorce papers.
By Publication
A petitioning spouse who doesn’t know the other spouse’s address can serve divorce papers by publication. A court clerk will publish a divorce notice in a local newspaper if the petitioning spouse requests publication.
3. Submit the divorce paperwork
In Ohio, spouses file all divorce documents in the Court of Common Pleas. The Court of Common Pleas must be in the Ohio county where either spouse has resided for at least 90 days. Ohio law requires petitioning spouses to sign the divorce paperwork before a notary. A court clerk at the Court of Common Pleas will file the notarized documents.
Related: Ohio Surrogacy Laws & Legal Process
What happens after I serve the divorce papers?
A petitioning spouse should check in with the court clerk who processed the divorce at least a month after filing the divorce paperwork. The defendant has 28 days to file a response to the divorce complaint. Failure to file a response to the divorce complaint implies the defendant agrees with the divorce terms and won’t contest the divorce petition.
Contact Us
If you or a loved one would like to learn more about how to serve divorce papers in Ohio, get your free consultation with one of our divorce attorneys today!