Divorce Guide

Divorce Guide

Ohio No Fault Divorce

According to OH no-fault divorce laws, one can get divorce if a spouse files in the court of law that the marriage has “irretrievably broken down” due to “incompatibility” between the spouses. The mandatory period of separation to get OH no-fault divorce is one year where the spouses are expected to live separately and apart from each other without cohabitation. The other grounds on the basis of which one can get divorce in Ohio are the “fault” grounds where, adultery, bigamy, willful neglect, cruelty, gross neglect of duty etc can be considered factors of “fault”.

Residential requirements in OH no-fault divorce

OH no-fault divorce laws specify that at least one spouse must be a resident of the state for the last six months prior to filing of the divorce case. The spouse filing the divorce case is called the “plaintiff” and the other spouse is called the “defendant”. Once the plaintiff files the case, then the defendant is served the notice or “services” of the divorce case which he /she must reply at the earliest. A defendant may choose to agree to the grounds and allegations, if any made in the papers or raises his/her own defenses. The plaintiff is then asked to file a “reply” for the claim as made by the defendant.

Property division in OH no-fault divorce

Ohio is an “equitable property division” state where the marital property acquired by the spouses during the course of the marriage would be equitably and fairly divided among the spouses. Judges consider several factors while deciding property allocation among the spouses, such as the age and health of the financially weaker spouse, employability of the spouse , lifestyle led by both the spouses etc. in most of the no-fault divorce cases, spouse themselves settle the matter of property division “outside the court”. Only in cases of disputes do the courts venture.

Child custody in OH no-fault divorce

It is generally observed that spouses attempt to settle the matter of child custody and child support outside the court so that the child is not dragged in the divorce battle. They may participate in child custody mediation where a third neutral party helps them to draft a visitation schedule and parenting plan for the child. In cases of dispute over custody, courts would then intervene. They would look into OH child custody guidelines and child support rules to allocate responsibilities to the parents. At all costs, the “best interests of the child” are kept in the mind, and so are the security and welfare issues.

Choosing the grounds for divorce is something that a spouse needs to decide. No-fault grounds of divorce are less antagonizing but take more than a year in Ohio as the separation period is of 12 months. However, one must remember that an “uncontested” no-fault divorce case gets completed very fast. It is also more economical than the “fault” divorces. Here, one has to prove the faults of the spouse which may be extremely emotionally draining and more so if the children are involved. But one may file “fault” divorce case if one is sure to get an edge over the other spouse over matters related to child custody or property division owing to the “wrongdoing”.

One must consult the attorney because he/she can guide you to choose the best option for a smooth divorce.

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