Divorce can happen suddenly because of infidelity or domestic violence. Or it may be the result of several unhappily married years.
Regardless of why you feel your marriage may be over, consulting with an experienced divorce lawyer in Columbus is the single most important decision you can make.
No-Fault and Fault-Based Divorce Options Explained
With the help of a knowledgeable attorney, you can gain a better understanding of the law as well as the overall divorce process.
No-Fault Divorce Options
One of the first things a skilled family lawyer will tell you is that you can file for a no-fault divorce in Ohio.
This means that you do not have to cite a reason for seeking a separation.
If you would like to file for a no-fault divorce in Ohio, you must be able to demonstrate one of the following:
- You have lived apart —you and your spouse have lived separate and apart for at least one year.
- You are not compatible —you and your spouse are incompatible.
Proving that you and your spouse have lived apart is pretty easy. Showing that you are incompatible is not as simple.
To meet this requirement, both you and your spouse must agree that you are no longer compatible with each other.
If you claim incompatibility but your spouse disagrees, you will not be able to successfully file for a no-fault divorce. Instead, you will have to pursue a fault divorce proceeding.
This is why every no-fault divorce filing also gives at least one “at-fault” divorce reason as well.
At-Fault divorce in Ohio
You may request an at-fault divorce in Ohio based on the fact that your spouse’s misconduct or actions have led to the breakdown of your marriage.
Ohio recognizes the following fault-based grounds for divorce:
- Bigamy: Either party had a husband or wife living at the time of the marriage
- Willful absence: One spouse has been willfully absent for one year or more
- Adultery: One spouse engaged in sexual relations with someone outside the marriage
- Extreme cruelty: One spouse caused physical or mental harm to the other
- Fraudulent contract: One spouse used fraud to obtain consent to the marriage
- Gross neglect of duty: One spouse failed to fulfill basic marital obligations
- Habitual drunkenness: One spouse has an ongoing problem with alcohol dependency
- Imprisonment: One spouse is incarcerated in a state or federal correctional institution at the time of filing
- Out-of-state divorce: One spouse obtained a divorce in another state that released them from marital obligations while the other spouse remains bound
To file for divorce in Ohio, you must have lived in the state for at least six months and you or your spouse must have lived in the county where you are filing for at least 90 days.
Frequently Asked Questions About Ohio Divorce Grounds
Q: Do I have to prove fault to get divorced in Ohio?
A: No. Ohio allows no-fault divorce based on incompatibility or living separate and apart for one year.
Q: What is the easiest way to get divorced in Ohio?
A: The simplest path is typically a no-fault divorce based on incompatibility, provided both spouses agree.
Q: Can I file for divorce if my spouse disagrees?
A: Yes. If your spouse contests an incompatibility claim, you can pursue a fault-based divorce or wait until you’ve lived separately for one year.
Q: How long does a divorce take in Ohio?
A: The timeline varies depending on whether the divorce is contested, but most Ohio divorces take between 6-12 months.
Contact a seasoned divorce lawyer in Columbus
Whether you need help filing for divorce, or resolving a fierce child custody battle, attorney Jennifer Nielsen is ready to provide you with compassionate guidance at every turn.
Contact a Columbus divorce attorney today for a 30-minute consultation or call 614-505-5555 to discuss your case.
