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- 1). File a complaint with the Court of Common Pleas in Toledo. Divorce can be sought on the grounds of incompatibility if both parties are in agreement to divorce. This is a "no fault ground," says attorney Dennis Levin.
- 2). Provide proof of one of the following if both parties are not in agreement to divorce: a separation of one year, bigamy, adultery, fraud, drunkenness, neglect, imprisonment or a prior divorce granted in another state that is not recognized by Ohio. The complaint papers and the reason for them will be served to the other spouse. "The defendant spouse should then file an 'answer' to the complaint, admitting or denying the allegations in the complaint," states Levin.
- 3). Come to an agreement with your spouse about property division and child custody. The proceedings can be converted into a "dissolution" if both spouses can reach an agreement. The divorce will go to court if a mutual agreement cannot be reached.
- 4). File for temporary custody of any children and child support payments after the complaint has been filed. A judge will review all findings before making a decision on this action, however, and may not necessarily grant it.
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