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How to Get Divorced in Ohio

How to Get Divorced in Ohio

If you are considering divorce, there are three options available to you in the state of Ohio. While technically you do not need an attorney to represent you in any of these scenarios, it is a good idea to seek counsel right from the outset so you are well informed of your rights and responsibilities.

The three options are:

Dissolution of marriage

A couple that is able to agree on all terms of separation has the option to dissolve the marriage without any legal intervention. In the case of dissolution of marriage, the couple agrees on all terms, including spousal support and division of assets. Also, both parties must appear at the final Dissolution hearing. This process can be significantly quicker and less expensive than a traditional divorce.

Regular Divorce

A traditional divorce can be either fault or no-fault. In a fault divorce, one partner petitions for divorce based on an accusation that the second partner did not uphold the conditions of marriage. Grounds for divorce can include adultery, imprisonment, bigamy and extreme cruelty and gross neglect of duty. A no-fault divorce is based on simple incompatibility or the fact that the couple has been living separately for one year without cohabitation during that one year.

Annulment

Under certain conditions, a couple can dissolve a marriage by declaring that legally the marriage never existed. There are six accepted grounds for annulment in Ohio:

  • One partner was underage at the time of marriage
  • One partner was already married
  • One partner was mentally incompetent
  • Consent to marry was achieved by force
  • Consent to marry was via fraud
  • One partner was not able to consummate the marriage

A petition to annul a marriage must be submitted within two years of the start of the marriage or two years of discovery of condition.

There is no ideal way to end a marriage. Most people, however, are not able to simply walk away. It is important that you get the best advice possible regarding the practical and legal details of divorce. Call the Dayton, OH offices of Fox & Associates C.O., L.P.A. at (937) 204-1555 or contact us online to get the most appropriate representation for your unique divorce.

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