If you are seeking to end your marriage in the state of Ohio, you need to be aware of the laws regarding divorce in the state. Ohio divorce law differs from that of many other states. One of the primary ways in which the laws of this state differ from that of other states is by giving those seeking to end a marriage the option of seeking a dissolution of marriage or a divorce. There are separate requirements that must be fulfilled for each option.
Divorce vs. Dissolution of Marriage
Dissolution of Marriage
For couples who are seeking a way of terminating their marriage out-of-court in the state of Ohio, a dissolution of marriage is an option. To seek a dissolution of marriage in Ohio, at least one spouse must reside in Ohio for a minimum of 180 days. This type of marriage termination requires that both of the parties to the divorce agree on the stipulations of the divorce including, property division, alimony, child custody, child support, and other important issues. All of these terms must be set forth in an agreement which must be attached to the Petition for Dissolution of Marriage and the petition must be signed by both spouses. From which, there will be a court hearing within 90 days of the filing of the petition.
The spouse who files for divorce must reside in Ohio for 180 days prior to filing. Unlike with a dissolution of marriage, a divorce requires a finding of fault by the court. Some of the statutory bases for a finding of fault include: adultery, extreme cruelty, gross neglect of spousal duty, bigamy, willful abandonment by the non-filing spouse for a year or more, imprisonment of the non-filing spouse, constant drunkenness, or incompatibility. It is important to note that incompatibility cannot be used as a grounds if one of the parties believes that the couple is compatible. To prove that one of these bases exist for a divorce, either the party filing for the divorce and a corroborating witness must testify that the grounds exist or the non-filing spouse must admit to one of the grounds for divorce.
Division of Property
In Ohio, marital property must be divided by what is known as equitable distribution. This does not mean that property is divided equally between the spouses as is often the case in community property states. Instead, property must be divided fairly between the two members of the couple. This determination is often made by the court. If you are seeking to end your marriage in the Cincinnati area and you are concerned about how your marital property will be divided, contact Zachary D. Smith, LLC, a reputable family law attorney in Cincinnati, OH, for assistance.
The court has the power to order the spouses who are seeking a dissolution of marriage or a divorce to seek family counseling if there are children involved. The length of time that is ordered to remain in counseling will be determined by the court.
If you or anyone you know is seeking to terminate a marriage in Cincinnati, Ohio, Zachary D. Smith, LLC, is your source for a successful outcome. As one of the top divorce attorneys in Cincinnati, he will represent and guide you every step of the way. For further information or to schedule an appointment, please contact the law office of Zachary D. Smith, LLC at (513) 275-1164 or visit http://ZDSLaw.com/.