Filing for a divorce can be stressful. You will need to decide which option to take. Some states require you to assign fault, while others do not.
The Buckeye State allows couples to dissolve their marriage without assigning blame to either party. This no-fault basis for divorce simplifies the legal process. Plus, it can reduce emotional and financial strain. Let’s find out more about this process and how you can apply it to your situation.
What Is a No-Fault Divorce?
Under Section 3105.01 of the Ohio Revised Code, you can end your marriage in several ways. For many, they choose a no-fault divorce. With this option, your marriage can be legally dissolved without needing to prove wrongdoing by the other person. As the petitioner (the person filing for divorce), you can state that the marriage is irretrievably broken.
For that reason, many people will cite “incompatibility” as the reason for the separation. This can occur when both parties agree that they are no longer compatible.
However, if someone contests the claim of incompatibility, the petitioner may need to prove the breakdown of the marriage. This can be done by showing that you have lived separately for at least a year.
What Are Other Grounds for Divorce in Ohio?
In the state, there are at-fault grounds for divorce. These can include:
- Adultery
- Extreme cruelty
- Willful absence for more than one year
- Habitual drunkenness
- Fraudulent contract
- Neglect of marital duties
- Imprisonment of a spouse
- Procurement of a divorce outside of Ohio that is not recognized in the state
No-Fault Divorce vs. Dissolution of Marriage
There is another process called the dissolution of marriage. While it is often confused with a no-fault divorce, they are different. In these cases, both spouses must agree on all terms of the separation before filing. These can include:
- Property division
- Child custody
- Support arrangements
There must be mutual agreement on these matters. A dissolution can be faster and less adversarial than a no-fault divorce, but when there is disagreement, the court might need to be involved.
What Are the Advantages of a No-Fault Divorce?
While you can still pursue a fault-based filing, choosing the no-fault option has plenty of advantages. For one, it is a less adversarial process when you don’t assign blame. In these cases, there is less animosity between spouses, which can lead to better resolutions.
Along with that, privacy invasion is not a concern. Many times, fault-based divorce requires detailed accounts of personal behavior. However, a no-fault divorce can protect the privacy of both parties.
Another advantage is that the legal process moves faster in these situations. Also, it is less expensive since there is no need for extensive evidence or testimony about misconduct.
How Are Property Division, Child Custody, and Spousal Support Handled?
While the divorce may be no-fault, both spouses need to address property division, child custody, and spousal support. Ohio follows an “equitable distribution” model for property division. With that, all marital assets and debts are divided fairly but not necessarily equally.
For child custody, Ohio courts prioritize the best interests of the child according to Ohio Revised Code Section 3127. Parents may share legal custody and physical custody. In some cases, one parent may be awarded sole custody.
Sometimes, both parties can come to an agreement with child and spousal support. However, if there are disputes, the courts may award the support based on several factors of the case.
While no fault may be assigned, both spouses should work together to reach an agreement on these issues. Hopefully, it can lead to a mutual resolution that doesn’t require much court intervention.
Choose Your Option for a Divorce
Is Ohio a no-fault state? Yes, the Buckeye State does recognize no-fault divorce. While these divorces are an option for many, dissolution of the marriage is another one. Also, if a spouse engaged in an activity that led to the breakup of the union, then a fault-based divorce is another way to take legal action.
If you would like to learn more about which one would work for you, reach out to Axelrod Law Office in Lake County, OH. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.