Ohio, like the majority of states in the country, allows couples who want to end their marriages to file for no-fault divorce, which means that they are not required to prove fault in order to legally end their union. Although this has generally made divorce less contentious, dissolving a marriage is by no means a simple process, so if you and your spouse are thinking about filing for divorce, you should consider speaking with an experienced Jackson, OH divorce attorney who can walk you through the process.
In Ohio, marriages can legally be ended through divorce or dissolution. The first requires a showing of fault, as well as the litigation of divorce-related issues. The latter, on the other hand, only requires couples to demonstrate that incompatibility has led to the irretrievable breakdown of their marriage. Proof that a couple has been living separate and apart for a year is usually enough to satisfy this standard. However, a couple will only be permitted to file a dissolution petition if they have reached an agreement on all divorce-related issues, including:
Once the parties have reached an agreement on these matters, both parties must file it with the court, after which the couple will attend a hearing where they will testify that:
Once the agreement has been approved, the court will officially terminate the marriage.
Whether a couple is filing for a fault-based divorce or a dissolution of their marriage, they must comply with certain requirements. For instance, to file for divorce in Ohio, the party submitting the petition must have lived in the state for the preceding six months. When both parties are filing for a dissolution, on the other hand, either one of the parties can satisfy the residency requirement.
Couples who have amicable relationships are often able to negotiate the terms of their own divorce in an out-of-court setting, which can save the parties a significant amount of time and money. Unfortunately, this is not always possible, in which case, the parties may need to litigate the issues in court, which will require the parties to attend a number of hearings, comply with evidence requests, and testify in court. There are, however, a variety of alternatives to litigation, including mediation and arbitration, so if you and your spouse are considering divorce, please contact our legal team to learn more about whether any of these options are right for you and your family.
To speak with an experienced Jackson, OH divorce lawyer about your divorce-related questions and concerns, please call Fout Law today.