Ohio couples who decide to legally end their marriages have the option of filing for a no-fault divorce. Although a no-fault divorces tend to result in a smoother, less acrimonious divorce process, dissolving a marriage is by no means a simple process, so if you and your spouse are thinking about ending your marriage, you should contact an experienced Canton divorce lawyer who is well-versed in state law and can help protect your interests.
In Ohio, couples who want to legally end their marriages can file for a no-fault divorce, which means that neither party will be required to demonstrate that the other was at fault for the union’s failure. Instead, the parties need only prove that they have been living separate and apart for at least a year and that incompatibility has led to the end of their marriage in order to dissolve their legal relationship.
Ohio is one of the few states that still give divorcing couples the option of filing for a fault-based divorce. Unlike no-fault divorce, fault-based divorce requires couples to provide evidence of adultery, extreme cruelty, gross neglect, willful absence for more than a year, or substance abuse in order to legally terminate their marriage. Taking this route is often more difficult and contentious, as it tends to pit the parties against each other. However, fault-based divorces are sometimes unavoidable, in which case, it is important for the parties to retain experienced Ohio divorce lawyers who can help ensure that the process goes as smoothly as possible.
Regardless of whether a couple chooses to file for a fault-based or no-fault divorce, they must be able to satisfy certain requirements, including that they are legally married and that the petitioner has lived in the state for at least six months.
There is one difference for those who choose to file for a no-fault dissolution, as these individuals are permitted to file for divorce as long as either one of the parties has resided in the state for at least six months.
Fortunately, whether a couple is able to come to an out-of-court settlement agreement, or a judge issues a divorce order, Ohio couples are allowed to modify the terms of their divorce. This includes the ability to change child custody arrangements, child support agreements, and alimony awards. However, modifying these terms can be difficult, as courts only allow divorced couples to revisit divorce-related issues if there has been a material change in circumstances. If a couple shares children, for instance, and one parent moves out of state, a court would usually be willing to modify a custody arrangement to reflect that change in circumstances. Similarly, if a parent who is required to pay child support loses his or her job, a judge could modify the amount that he or she is required to pay, at least until that individual obtains new employment.
For help filing for divorce, negotiating a property settlement, reaching an alimony agreement, or coming up with a custody arrangement, please contact a member of the dedicated Canton, Ohio divorce legal team at Fout Law.