Ending a marriage is rarely an easy process. Even when soon-to-be ex-spouses agree on most or all issues like property division, parenting time, and support, seeking a divorce or dissolution of marriage can be a difficult endeavor. Luckily, working with a dedicated Dayton divorce law firm can help ensure that your own divorce goes as smoothly and as quickly as possible.
Ohio offers couples a few options for legally terminating a marriage, described below. To learn more about each process and which options may be right for your family, reach out to our experienced local attorneys today.
While most states now allow for some form of no-fault divorce, meaning that neither spouse needs to prove that the other is at fault for the marriage ending, Ohio is a little different. All spouses petitioning for divorce must provide some cause for why the marriage is ending. This may include both spouses agreeing that they are incompatible, which functions much like a no-fault divorce would in other states. However, if one spouse denies that incompatibility exists, the other spouse will need to pursue a divorce or separation based on other grounds, such as living separate and apart for at least one year.
Ohio courts will also grant a divorce based on a number of fault-based factors, which may include but are not limited to:
In many states, dissolution of marriage and divorce are two names for the same legal process. In Ohio, however, they are not the same. Dissolution of marriage in Ohio is a process that allows spouses to request that the court end their marriage only if both spouses agree to and submit a separation agreement that covers common areas of conflict, including distribution of property, assets, and debts, as well as any parenting issues.
After the petition for dissolution of marriage and the settlement agreement are submitted, a hearing will be held. Both spouses must appear at the hearing and testify that they voluntarily agree to all the provisions in the agreement.
While it is occasionally necessary to litigate certain divorce-related issues, such as complex property division or alimony payments, couples who are able to come up with their own settlement agreement may be able to avoid the contention and cost that often accompanies litigation by using the dissolution process. It’s also important to understand that a petition for dissolution of marriage can be converted to a divorce petition if one spouse decides not to agree with the settlement. Likewise, if a couple files for divorce but is later able to agree on contested issues, their petition may be changed to a dissolution request.
As you can see, the process of ending a marriage in Ohio is not always a straightforward one. It is best to discuss your unique situation and goals with a knowledgeable Dayton divorce lawyer.
Please call our office today or complete our online contact form to connect with one of the dedicated Dayton divorce lawyers at The VanNoy Firm about your divorce-related questions and concerns.
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