Reaching the point of divorce in a marriage is a traumatic and challenging time, as the legal process to get divorced in Ohio can be highly complicated and frustrating. Those feelings are perfectly normal, even if you are the spouse who decided to file first. If you received divorce papers or are the spouse who plans to file for divorce, you have valuable legal rights. Having Attorney Shannon Dawes, from Dawes Legal, LLC by your side will protect your rights and put you in the strongest legal posture possible so that you can experience justice when getting divorced in Ohio.
Procedural Requirements for Divorce in Ohio
The legal process to end a marriage begins by filing the appropriate petition for relief in the court of common pleas in the domestic relations division. The filing party must serve the request on the other spouse, and the spouse has the opportunity to respond if the divorce is contested. It is important to note that Ohio law differentiates between divorce and dissolution of marriages. Dissolution of a marriage is not a divorce. Dissolution of a marriage is a legal procedure in which the spouses agree their marriage is over and have resolved all of the issues attendant the end of a marriage such as child support, visitation, spousal support, in addition to property division. Dissolution of marriage in Ohio is known as a no-fault divorce.
A divorce rather than dissolution must be based on fault grounds. Ohio law recognizes a long list of at-fault grounds for divorce. One of the at-fault grounds is known as an irretrievable breakdown of the marriage. The marital parties must live apart for at least one year without interruption. Other grounds for an at-fault divorce include bigamy, adultery, abandonment for one year, extreme cruelty, drunkenness, and incompatibility. The plaintiff must prove all of the components of the at-fault grounds before the judge grants a divorce. Once established, then the judge will make an order regarding child custody, child support, spousal support, and property division.
The parties can reach an agreement before going to trial in a contested divorce. If that happens, the parties can file a motion to treat their case as a petition for dissolution rather than a contested divorce.
Ohio procedural law contains a residency requirement which must be satisfied before an Ohio court can hear the case. The petitioner, or the spouse who files a complaint for divorce, must be a resident of Ohio for at least six months before petitioning for divorce. Similarly, one or both parties must be an Ohio resident for six months before filing a petition for dissolution. Failing to comply with the residency requirement means that an Ohio court will not have jurisdiction over the case and is without legal authority to make any rulings on the case.
Divorce in Columbus, Ohio
Columbus and Lancaster, Ohio divorce attorney Shannon Dawes, Esq. from Dawes Legal, LLC will fight for your rights. Attorney Dawes and her firm genuinely care about their clients and will work hard to ensure you get the results you deserve. Call today for a consultation with Columbus divorce attorney Shannon Dawes, Esq. today at 614-733-9999 for immediate help for your Ohio divorce.