Divorce law in Ohio allows a person seeking divorce to file either a fault or no-fault based divorce claim. In either case, the ultimate resolution of the divorce case can be either contested or uncontested. The majority of divorce cases are resolved via an uncontested manner, meaning the resolutions of the terms of the divorce are reached between the divorcing spouses outside of the courts. In this manner, the spouses retain control over the outcome of their divorce case, while mitigating significant costs and other issues related to contesting a divorce in court. Generally, the uncontested divorce is a byproduct of regular negotiations between the two spouses, their respective legal counsel, and possibly mediators or collaborative divorce counselors, who work together to resolve case-specific issues such as child custody, division of property, and support payments. If not resolvable via mediation or negotiation outside the courts, the divorce case will become contested, requiring the intervention and ruling of the divorce courts to decide on relevant divorce case issues.
Residency Requirements
In order to file divorce in Ohio, at least one (1) spouse must have maintained residency at least six (6) months prior to the date of the original divorce filing.
Grounds for No-Fault Divorce
In practice, most cases resolved via uncontested divorce are initiated as no-fault divorce filings. Although neither party is required to provide cause for grounds, the state still requires citing sufficient grounds for initiating the divorce. In Ohio, the applicable grounds include citing incompatibility or proving separate habitation for a period of at least one (1) year.
Getting Legal Help
Having legal counsel involved from the outset of any divorce filing in Ohio is advisable. Although both spouses may intend to resolve divorce issues via an uncontested manner, keep in mind that the divorce resolution can become contested at any point, and in practice, begins as contested in many ways. For this reason, having legal counsel represent your interests in ensuing divorce settlement negotiations is advisable, as your spouse most likely will seek out their own legal counsel as well. In addition, besides negotiating settlement terms, a divorce lawyer will likely be required to prepare and file relevant divorce documents with the court as well. For more information and insight into the uncontested divorce process in Ohio, including how an uncontested divorce may fare favorably in terms of your pending divorce case, consult with an Ohio uncontested divorce lawyer to learn more.
