(K) Hearing. No action for divorce, annulment, or legal separation may be heard and decided until the expiration of forty-two days after the service of process or twenty-eight days after the last publication of notice of the complaint, and no action for divorce, annulment , or legal separation shall be heard and decided earlier than twenty-eight days after the service of a counterclaim, which under this rule may be designated a cross-complaint, unless the plaintiff files a written waiver of the twenty-eight day period.
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Clear as mud, right? To understand the rule you have to break it down a little bit.
First, no divorce, annulment or legal separation can have it’s final hearing earlier than 42 days after the Defendant was served with the Complaint.
Second, if the Defendant filed a counterclaim, then the final hearing cannot be held earlier than 28 days after the service of the counterclaim.
This is the fastest that anyone can get a divorce, annulment or legal separation in Ohio. You should know that unless both parties are cooperating, this is not a realistic timeframe. Even if the parties are cooperating, there may need to be extra time factored in to accommodate the schedules of the parties, the court and the attorneys.
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Does this still sound complicated? We would be happy to schedule a consultation with you. Please give us a call, and one of our Columbus Ohio Divorce Lawyers will meet with you to discuss your case and
DISCLAIMER – Read it, it’s important!