Q: Do I have to have a witness for uncontested divorce to be granted in Ohio?
I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?
A: If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant changes his/her mind, and doesn't agree to the grounds for divorce, and there is no witness, then the court is unlikely to grant it. So there is a risk if you don't have another witness.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
