Canton Divorce Attorney

Canton Divorce Attorney

Although divorce is one of the most stressful ordeals that a family can go through, dissolving a marriage is sometimes in the best interest of all parties, including any children. To ensure that your own divorce goes as smoothly as possible, you should contact an experienced Canton divorce lawyer who can walk you through the filing process, and ensure that your rights and interests are protected.

Fault vs. No-Fault Divorce in Ohio

In recent years, more and more states have begun instituting no-fault divorce, which saves everyone time and saves the court from having to hear a lot of evidence about who did what to whom. Instead, the court can focus on issues of property division and allocation of parental rights and responsibilities. In a no-fault divorce, no one has to prove that one of the parties was at fault. Ohio, like the majority of other states, offers this option, although it also allows couples to raise the issue of fault during divorce proceedings, if necessary. The no-fault option applies in dissolution proceedings, where both parties mutually agree to terminate their marriage. Divorcing couples who opt for this method must jointly file the petition to dissolve their marriage and must also come to an out-of-court agreement regarding property division, child support, alimony, and custody arrangements. Once a court reviews the agreement and resolves any issues in its discretion, it will grant the dissolution, thereby making the parties’ separation agreement a court order.

Alternatively, Ohio residents can file for divorce, which requires one spouse to file a complaint with the court. In this complaint, the Plaintiff (filing party) must allege and later prove petitioner must claim and prove that his or her spouse (Defendant):

  • Was already married to someone else at the time of the couple’s marriage;
  • Has been willfully absent for at least one year;
  • Is an adulterer;
  • Has inflicted extreme cruelty on him or her;
  • Is guilty of a gross neglect of duty;
  • Is habitually intoxicated;
  • Used fraudulent means to induce the petitioner to enter into the marriage;
  • Is imprisoned in a state or federal prison;
  • Has lived separate and apart from him or her for at least a year; or
  • Procured a divorce outside of the state.

Once a party has filed for divorce and has proven or stipulated to grounds regarding fault, the court will hear evidence and make the final decision regarding property division, child custody arrangements, child support, and spousal maintenance. Finally, even in a litigated divorce, the parties are still permitted to agree to the no-fault grounds of incompatibility.  This is only an option if it is not denied by the other party, however.

Regardless of whether the parties choose to file for divorce or a dissolution of their marriage, they will only be allowed to do so if at least one of the parties has lived in Ohio for the preceding six months, and in the county where the divorce was filed for the preceding ninety days.

Call Today to Speak with an Experienced Canton Attorney About Your Own Divorce

Dissolving a marriage in Ohio can be a complicated process, especially when the parties have an acrimonious relationship. Having the advice and guidance of a dedicated divorce attorney can make all the difference in the outcome of these types of cases. So if you are considering divorce, please contact the dedicated Canton legal team at Fout Law by calling 330-437-7455 for a free case evaluation.

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