DIVORCE
In Ohio, there are two ways to legally end a marriage: divorce or dissolution of marriage. A divorce occurs when one spouse files a complaint against the other spouse, alleging specific grounds to terminate the marriage. The court then provides oversight throughout the divorce process, and if the parties are unable to reach an agreement regarding issues pertaining to property division, spousal support, or children, the matter will be set for trial and the court will issue a decision regarding any remaining issues.
GROUNDS FOR DIVORCE
Ohio recognizes both fault-based grounds (such as adultery, extreme cruelty, and habitual drunkenness) and no-fault grounds (such as living separate and apart for one year or incompatibility).
DIVORCE PROCESS
The divorce process begins when one spouse files a complaint for divorce against the other spouse.
To obtain a divorce in Ohio, at least one spouse must have been an Ohio resident for six months prior to filing. As referenced above, the complaint must state specific grounds for divorce under Ohio law. Litigation during divorce proceedings can range from amicable to highly contested depending on the circumstances. During the pendency of a divorce case, the court can issue temporary orders regarding a variety of issues including support and parenting time.
RESULT OF A DIVORCE
A divorce legally terminates the marital relationship and all associated legal rights and obligations. The court will issue orders regarding division of property and debts according to Ohio’s equitable distribution principles. If applicable, the court may also order one party to pay spousal support to the other, and will determine the amount and duration of spousal support. For couples with children, the court will also establish legal custody, a parenting time schedule, and child support obligations. The court may also restore either party to a former name upon request.
CALL ZUKERMAN ABOUT DIVORCE
If you are contemplating divorce or have been served with divorce papers, it is imperative to obtain legal representation immediately. Decisions made during the divorce process will have long-lasting financial and personal implications. Failing to properly respond to divorce filings or inadequately protect your interests may result in unfavorable outcomes that cannot be easily modified later.
Call Zukerman, Lear, Murray & Brown Co., L.P.A. today if you are facing divorce proceedings or are considering filing for divorce.
