Legal Question in Family Law in Ohio

How can I proceed with a divorce if neither party has a lawyer?

The breif story is that I filed for a divorce on 11/21/03, through my attorney. I lost my attorney, because I couldn't afford to pay him, and still owe a balance of $2,700. My spouse never had an attorney and did not contest the divorce. In the temporary status order, I received custody of our minor child and he was ordered to pay child support. Since my case has been dormant in the courts, they have given us a deadline of 8/31/04 to resolve or try the divorce or it will be dismissed. Last week, my spouse was arrested due to a conflict with his brother and mom, and will have to carry out the rest of a previous suspended sentence from a DUI. He will be in jail for at least 6 months.

Do I need to try to get an attorney for our August court date to get this divorce over, or can I just show up to court and represent myself and provide copies of the police reports and ask to be granted the divorce and full custody of our child? The only thing we haven't done through the courts is to divide the property, but as it stands, the only property that needs to be devided is the washer and dryer, which my mother-in-law witnessed that my husband said I could have.

I am really at a loss of what to do and I don't want to start all over.


Asked on 6/29/04, 2:06 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: How can I proceed with a divorce if neither party has a lawyer?

Show up on the trial date with a corroborating witness, and present testimony as to divorce grounds, custody and property division. It is up to him to ask for a continuance if he cannot be present.

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Answered on 6/29/04, 10:11 pm


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