Traditionally, the state of Ohio required one spouse to allege fault on the part of the other spouse in order for a divorce to be granted. That is not necessarily the case anymore. Today, couples who both agree to end their marriage and who can agree on how to resolve all the issues incident to the ending of their marriage (allocation of parental rights and responsibilities, division of property and debts and spousal support – alimony) can jointly file a Petition for Dissolution requesting that the Court end their marriage based on the terms they have agreed upon. In addition, even in those cases where there is not a joint agreement to end the marriage and/or an inability to agree in advance on how to resolve all the issues incident to the ending of the marriage, either spouse can file a Divorce action on the basis of what would generally be considered “no-fault” grounds. In most instances, a Dissolution simplifies the process and reduces the level of acrimony associated with the proceedings to end the marriage. And in the case of a Divorce action, the “grounds” that must exist for the Court to end the marriage do not necessarily have to be based on the “fault” of one spouse or the other.
This page will provide you with a basic overview of Ohio the “no-fault” grounds that exist under Ohio’s divorce laws, but the complexities of these laws are best explained in person. To find out more and what the best strategy for you may be, please call (513) 370-2312 today to schedule your initial consultation with Cincinnati divorce lawyer John Heilbrun.
No-Fault Divorce Requirements in Ohio
In order for a divorce to be granted (as opposed to a dissolution), the two spouses must establish grounds, or legal reasons for the divorce. This is true even with “no-fault” divorces. According to Ohio law, there are two grounds which must be met in order to file for a no-fault divorce:
- The spouses are incompatible – in other words, they have experienced irreconcilable differences and can no longer satisfy the ends of marriage
- The couple has lived separately and without co-habitation for at least one year prior to filing for divorce
In addition, there are certain residential requirements which must be met in order to file for a no-fault divorce in Ohio. The party who is filing for divorce must be:
- An Ohio resident for at least 6 months prior to commencing the divorce action, and
- Living in the county where the divorce is filed for at least 90 days
Temporary Orders in a No-Fault Divorce
Just as in cases where “fault” grounds are alleged, when filing for no-fault divorce, both spouses can request temporary orders which will remain in place throughout the entire process until the divorce is finalized. Temporary orders are essentially provisions which state how certain issues will be handled until the final divorce is granted. These issues can include:
John Heilbrun Can Help
There are many complex issues which must be resolved in a divorce, and it is important to have an experienced attorney on your side who can make sure your rights are protected. John Heilbrun has more than 30 years of experience handling complex divorce and family law cases in the Cincinnati area. He knows the laws involved in these cases, and he will stand by your side every step of the way to ensure your divorce agreement reflects the best interests of you and your children.
Please contact the Law Office of John Heilbrun today to schedule your initial divorce consultation. Mr. Heilbrun serves clients in Cincinnati, Hyde Park, Blue Ash, and Lebanon, Ohio.