The prevalence of divorce throughout America has probably led many people to believe that this is a fairly simple process. However, in many cases, nothing could be further from the truth. A divorce can involve many complex issues, such as property division, alimony and child custody and support. In order to pursue a divorce in Ohio, there are some basic legal requirements that must be met.
First of all, like most other states, Ohio has a “no-fault” procedure by which a couple can pursue a divorce. In fact, when a couple pursues a no-fault divorce, the proceeding is actually known as a “dissolution” of the marriage. To pursue a no-fault divorce, the couple must have been separated for at least one year, or they must allege “incompatibility” – which cannot be contested by either party in the dissolution in order for the dissolution to proceed as a no-fault case.
The proceeding isn’t termed as a “divorce” unless some type of fault is asserted by one of the parties. In Ohio, there are many fault-based grounds for a divorce, including adultery, imprisonment and “habitual drunkenness,” among several others. In order to pursue a dissolution or divorce in Ohio, the party who initiates the filing must be a resident of Ohio for six months.
The decision to file for divorce is loaded with financial and emotional concerns, which can be amplified if the parties involved have children. Anyone in Ohio who is thinking about pursuing a divorce or dissolution filing will want to make sure that they are fully aware of the legal requirements and their options going forward.