In prior decades, couples who decided to dissolve their marriages were required to provide proof of fault before the divorce could be finalized. Whether this involved accusations of adultery, mental defect, or abandonment, the attempt to assign blame for the end of a marriage usually resulted in tension, finger pointing, and generally acrimony. In response, states across the country began permitting couples to file for no-fault divorce, which meant that they no longer had to prove who was at fault to obtain a divorce. As a result of the change, the divorce process became much simpler and less bitter.
Ohio, along with 33 other states, allows divorcing parties to choose whether to file a no-fault divorce. While this has gone a long way towards simplifying the divorce process, these proceedings still tend to be emotional and complex, so if you and your spouse are considering divorce, you should contact an experienced New Franklin divorce attorney who can walk you through the divorce process and ensure that your rights and interests are protected.
In Ohio, there are two main ways to legally end a marriage: divorce and dissolution. The first option requires one party to allege that his or her spouse was at fault for the end of the marriage and then to go through the formal divorce process, which involves a number of hearings and filings. These types of cases are either settled by agreement or tried before a judge. The second option, which involves dissolving the marriage, eliminates a lot of these requirements and can also be cheaper in the long run. Unlike divorce, which requires one of the parties to assert fault in order to end the marriage, dissolution does not involve fault and is often thought of as the no-fault divorce option. The dissolution process is initiated by both parties who must first come to out-of-court agreements about certain issues, including:
During this process, the parties will be required to voluntarily trade information, although financial advisors can be retained to identify and appraise the property in question. Once an agreement has been reached, the parties are required to file a joint petition with the court containing the agreement, after which a hearing will be held within one to three months. Both parties are required to appear at these proceedings and testify that they both agree that:
Once the court approves the agreement, a final order will be implemented and the marriage will officially be considered terminated. Because no court involvement is required until an actual agreement has been reached between the parties, the dissolution option is often quicker, less stressful, and less expensive than going through the official divorce process.
To speak with an experienced New Franklin divorce lawyer about your own questions and concerns, please call Fout Law at 330-437-7455 today.