Ohio Divorce

Q. What is the primary purpose of ohio divorce court?

The primary purpose of ohio divorce court is to end things and divide things.  For the most part it will not right the wrongs done during the marriage.

Q. Is Ohio a “no-fault” divorce state?

Technically, Ohio divorce law still requires statutory grounds in order for the court to grant a divorce, but the burden of proof for grounds for divorce is very low.  Usually, it is sufficient to bring a witness to your divorce hearing that can testify that they have knowledge that one of the statutory grounds for divorce exist.

Q. What are the statutory grounds for ohio divorce?

  1. Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
  2. Willful absence of the other spouse for one year (in other words “abandonment”);
  3. Adultery;
  4. Extreme cruelty;
  5. Fraudulent contract (rarely used unless no other grounds exist);
  6. Any gross neglect of duty;
  7. Habitual drunkenness;
  8. Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
  9. Procurement of a divorce outside the state of Ohio by a husband or wife, by virtue of which the party who procured it is released from the obligations of marriage, while those obligations remain binding upon the other party; (rarely used)
  10. Husband and Wife have lived separate and apart, without cohabitation, for one year
  11. Incompatibility (unless denied by either party)

Q. Will the Ohio divorce court award one party a greater portion or marital assets or separate assets in order to “punish” the party whose behavior contributed “the most” to the end of the marriage?

Ohio divorce courts have great discretion when dividing up the parties’ assets and liabilities, but generally, the courts will not punish either party for contributing to the end of the marriage.  The remedy the divorce court provides for the wrongs done during the marriage is to terminate the marriage.  The Ohio divorce court will consider whether either party has committed financial misconduct by diverting marital funds (example hiding money or assets with the spouse’s parents or family members), and the court will consider whether the conduct has impacted the children.

Q. What is the difference between an Ohio  divorce and Ohio dissolution?

The major differences are:

Ohio Dissolution (often mistakenly referred to as Ohio “dissolutionment”):

  • Both parties file a petition
  • By nature, a dissolution is uncontested
  • The parties agree to all issues, including custody, child support, spousal support, division of assets, debts, household goods and property, retirement accounts, life insurance, etc.
  • Both parties must appear at the final hearing, or the case will be dismissed
  • The parties exchange any financial or other information prior to filing the case, and there is no court ordered disclosure of assets
  • There are no temporary orders while the case is pending
  • There are no restraining orders preventing either party from disposing of or selling assets while the case is pending
  • There is no trial
  • An Ohio dissolution should be concluded within 90 days of the filing of the petition

Ohio Divorce

  • One party files a complaint for divorce
  • Can be contested or uncontested, depending upon whether the defendant answers and/or contests
  • The Ohio divorce court can order temporary orders while the case is pending
  • The Ohio divorce court can issue restraining orders while the case is pending to prevent either party from disposing of assets, harassing the other, etc.
  • The parties are required to exchange financial and other information with each other during a process called “discovery”
  • The case may result in a trial
  • An Ohio divorce can last anywhere from 90 days to one year (no children) or 18 months or more (divorce with children).  Certain counties (Franklin, for one), have very crowded dockets, and often take longer that these time limits to conclude.

 

The information provided in this web site is applicable in the state of
Ohio and is provided as a public service. While Virginia Cornwell is a Columbus Ohio Divorce Lawyer and a Columbus Ohio Custody Attorney, viewing the information in this web
site does not constitute an attorney-client communication, and acting upon
information obtained from this web site does not create an attorney-client
relationship. If you would like to discuss the application of the law to your
fact situation, or if you would like additional information, please call the Law
Offices of Virginia C. Cornwell at 614-225-9316 to schedule a consultation.