Assuming the parties can agree on all the terms of dissolution and the grounds for dissolving the marriage, the parties can begin dissolution proceedings almost immediately after separating in Ohio. However, Ohio does have a waiting period before the parties can have their final hearing. Pursuant to Ohio Revised Code 3105.64:

3105.64 Time of court appearance after filing petition.

(A) Except as provided in division (B) or (C) of this section, not less than thirty nor more than ninety days after the filing of a petition for dissolution of marriage, both spouses shall appear before the court, and each spouse shall acknowledge under oath that that spouse voluntarily entered into the separation agreement appended to the petition, that that spouse is satisfied with its terms, and that that spouse seeks dissolution of the marriage.

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The soonest someone can have their dissolution hearing is 30 days after they file their Petition For Dissolution and all the other paperwork that has to be filed with a dissolution. If the final hearing is not held within 90 days of filing the dissolution, the court may dismiss the case, so a dissolution is not a case where you want a lot of continuances.

This waiting period is sometimes waived if the parties reached agreement through Collaborative Divorce proceedings.

Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.

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