Can You Oppose a Divorce?

The question of whether or not you can oppose a divorce actually incorporates multiple concepts, so it is important to clarify the answers. In short, you cannot contest a divorce in the sense that you refuse to allow the marriage to end. Ohio divorce laws provide multiple grounds for dissolving a marriage, and two no-fault factors are incompatibility and separation. A party can deny that the couple is not compatible, and the court would hold a hearing on the dispute. This tactic would merely delay the process. Separation for at least 12 months is still available as grounds for divorce. No law forces people to remain married.

The second aspect of the question is whether you can oppose the different issues that arise in a divorce. Yes, a party most certainly can enforce their rights by contesting the other’s demands. However, it may be worth considering all available options rather than heading to court for a determination. An Ohio divorce lawyer can advise you on resolving disputes, and some basics on opposing a divorce are informative.

Property Division

An important topic in divorce is how to divvy up marital property, and Ohio applies the law of equitable distribution. A judge will divide all marital assets between the parties according to the interests of fairness. Therefore, there are two areas where opposition may arise:

• Subject to some exceptions, marital property includes all items acquired by the parties after the marriage. Assets owned before the wedding belong to the individual. When the lines are blurred, the parties may disagree on the classification of property.
• The parties may take different views on the concept of equitable distribution. What one sees as fair could be unjust to the other, leading to opposition.

Alimony

Spousal support in Ohio aims to balance the financial gap that might result from divorce. The analysis is one spouse’s need for alimony compared to the other’s ability to pay it. From there, the court evaluates the amount and duration. A party can oppose the necessity of spousal support, as well as the details for paying it.

Issues Related to Minor Children

Parents must address child custody in divorce, and Ohio uses the term allocation of parental responsibilities to refer to decision-making on raising the child. The non-residential parent will exercise visitation rights and pay child support. 

Child support is set by statutory guidelines, so there is less room to oppose it when going through a divorce. Still, arguments can be made about the child’s best interests when the court is determining child custody and visitation. There are multiple factors the judge must review, so the best approach is to present evidence that supports your position.  

Discuss Challenges with an Ohio Divorce Attorney 

You can oppose any of the key issues in a divorce case, though some disputes can be resolved via agreement or mediation instead of court. Our team at Fout Law Office, LLC will develop an appropriate strategy to protect your rights. For additional details, please contact our firm in North Canton to schedule a consultation with a knowledgeable Ohio divorce lawyer.