- Overview of Ohio No-Fault Divorce Laws.c..."ur bris?? image by Ellsing from Fotolia.com
Ohio divorce law includes provisions for both fault and no-fault divorce proceedings in the state. A person interested in terminating her marriage is provided the right under Ohio law to pursue either type of divorce, provided her circumstances meet the requirements established in applicable statutes. - Simply because a party does not need to demonstrate wrongdoing in a no-fault case does not mean that he is relieved from satisfying the grounds for that type of divorce. Ohio law establishes two grounds for a no-fault divorce. First, the parties must be incompatible. Incompatible means that the parties experienced irreconcilable differences, meaning they no longer can satisfy the ends of marriage. There must be no hope for reconciliation.
Second, Ohio law requires a couple to live separately for at least one year before filing for no-fault divorce. - There are specific filing requirements associated with Ohio no-fault divorce. The plaintiff, the person filing the divorce complaint, must be a resident of Ohio for a minimum of six months before commencing the case. She must reside in the county where the case is filed for at least 90 days before pursuing a no-fault divorce. Alternatively, the plaintiff can file a case in a county where her spouse meets these specific residency requirements.
These are requirements that cannot be waived by agreement of the parties. - Once a no-fault divorce is filed, the parties can request what are known as temporary orders. Temporary orders remain in force throughout the no-fault divorce proceedings, being replaced with the orders in the divorce decree at the conclusion of the case. Ohio law permits temporary orders for spousal maintenance (alimony) as well as child custody, parenting time (visitation) and child support.
If the facts of the case warrant, a party can seek a restraining order against the other spouse. - No-fault divorce law and court proceedings are complex and often challenging. If you are contemplating a divorce, consider engaging the services of a qualified Ohio divorce lawyer. The Ohio State Bar Association provides a directory of attorneys in different practices areas, including lawyers who practice divorce law. Contact the organization at:
Ohio State Bar Association
1700 Lake Shore Dr.
Columbus OH 43204
800-282-6556
614-487-2050
ohiobar.org
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