Over the last few years, a number of states, including Ohio, have begun adopting a no-fault divorce system, which does not require two spouses to prove fault in order to obtain a divorce. Instead, couples only need to agree that their marriage should be terminated due to incompatibility in order to pursue a dissolution of their marriage.
Although the process of divorce has become less complex in recent years, couples are still required to resolve a series of important issues before their divorce can be finalized. This includes deciding how marital property will be divided upon dissolution, as well as whether one spouse will be required to pay alimony, and if a couple has children, how parenting time and decision making responsibility will be shared. These decisions have important legal repercussions, so if you are considering divorce, you should strongly consider consulting with an experienced divorce lawyer near me who can explain your legal rights and obligations.
In Ohio, most couples decide to file for a dissolution of marriage, which means that they can end their marital relationship without having to prove that one or the other was at fault. However, Ohio law is unique in that it also allows couples to file for divorce, which can only be granted by a judge, who is tasked with determining who was at fault for the failure of the union. In addition to allowing the divorce process to be more speedily resolved, dissolving a marriage comes with a number of benefits. For instance, in order to dissolve a marriage, a couple must first come to an out-of-court settlement agreement about property division, alimony, and child custody. For this reason, dissolution proceedings tend to be completed much more quickly, at lower cost, and with less stress than divorce proceedings.
Whether or not an Ohio couple decides to dissolve their marriage or to ask the judge to grant a divorce, the parties involved must fulfill certain filing requirements. For example, in either case, when filing a petition with the court, at least one of the parties must have lived in Ohio for at least six months before filing. If this requirement is fulfilled and a couple wants to obtain a divorce, the petitioning spouse must file an official complaint in court.
Alternatively, if a couple chooses to go the dissolution route, both spouses must sign a Petition for Dissolution of Marriage and submit it with a separation agreement. Within 30 to 90 days, both spouses will be required to attend a hearing in court and acknowledge that they:
It is also important to keep in mind that even couples who file for divorce can convert the action to a dissolution proceeding at a later date.
For help dissolving your own marriage, please contact Fout Law at 330-437-7455 or complete one of our online contact forms and we will help you schedule an initial consultation at your earliest convenience.