Legal Question in Family Law in Ohio

I was married to a Jamaican citizen on 4/16/11. I am a US citizen. I had started the Immigration process filing, but everything is still in "initial review status" since 6/16/11.

Things have changed, for the worst. I need to file for divorce. He is refusing to sign papers that I am assuming need to be sent to him via a lawyer/court, saying that I want it, and for me to find a way without his cooperation. He was not faithful during this short time (have evidence) not that has any bearing on the process but just to state the facts.

I am not sure where to begin as I have never been married before. Of course I would prefer to have it state the marriage never happened, but I don't know if that is even possible. I reside in the state of Ohio.

If he refuses to sign or refuses the certified mail via UPS/FEDEX or other international mail service agency, is it possible that I would not even get a divorce granted?


Asked on 9/22/11, 3:31 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

Once you have been living in the state of Ohio for six months, Ohio has the power to hear your divorce case. Once the divorce complaint is filed, you will need to get "service of process" upon your husband in order for the Ohio Court to have jurisdiction over him. One way to get service of process upon him is for him to sign for the documents. But if he won't sign for them, another way to do it is to hire a process server to find him and give him the papers, and then sign a service return with the court swearing that he/she gave your husband the papers. At that point Ohio Courts would consider him served and your case can proceed.

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Answered on 9/23/11, 7:49 am


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