Cleveland, OH asked in Divorce and Family Law for Ohio

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?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

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.

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