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When a couple says “I do,” the last thing that they expect is to reach a point in the relationship where divorce is on the table. Yet for myriad reasons, divorce is a phenomenon that affects approximately half of all married couples in the United States. While divorce can be confusing and complicated, it’s not something that you have to go through on your own. At the law offices of Groth & Associates, our Findlay, OH divorce attorneys can help.
ARE YOU THINKING ABOUT FILING FOR A DIVORCE IN OHIO?
Making the decision to divorce is a serious, life-changing choice that should not be reached without careful consideration. Before you file for a divorce, our attorneys urge you to think about your financial situation, your living situation, your children and the impact that a divorce will have on them, and the long-term effects of divorce. If you are just upset or angry with your spouse, divorce may not be the best option; a period of separation may be more appropriate. Marriage and family counseling is a recommended option when you’re not sure what to do and divorce feels inevitable.
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FILING FOR DIVORCE IN OHIO: WHAT YOU NEED TO KNOW
If you have decided to pursue a divorce in Ohio, then the next step will be familiarizing yourself with the divorce process. Our lawyers can guide you through what you need to know. Some of the basics are:
- Residency requirements. In order to file for a divorce in Ohio, one must be a resident of the state or their spouse must be a resident. Residency is established if either spouse has lived in the state of Ohio for at least six months prior to filing for a divorce.
- Grounds for divorce. Another thing to consider when filing for a divorce in Ohio is the grounds for divorce that you’re filing on. Fault-based grounds exist in the state, although they are not commonly used. Fault-based grounds for divorce include bigamy, adultery, cruelty, gross neglect of duty, habitual drunkenness, willful absence, and fraudulent contract. Instead of pursuing a fault-based divorce, though, most people choose to file for divorce on the grounds of incompatibility, the no-fault grounds for divorce in the state. If you choose to file a fault divorce, you will need to offer evidence of your spouse’s fault, which can complicate the process.
- Dissolution of marriage vs. divorce. One thing that can be confusing about the process of filing for a divorce in Findlay is the fact that the state of Ohio recognizes a distinction between a dissolution of marriage proceeding and a divorce proceeding. In short, a divorce is the termination of marriage as ordered by the court. A dissolution, on the other hand, is a proceeding for the termination of the marriage where parties are seeking the divorce on no-fault grounds and the divorce is uncontested, which means that the parties are in agreement about all issues in the divorce. As found in Section 3105.08 of the Ohio Code of Domestic Relations, a divorce can be converted to a dissolution action at any time before a final judgment in a divorce action is entered.
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ISSUES IN A DIVORCE
Before a divorce can be finalized, there are a number of issues that must first be settled. The couple can work together to resolve these issues without the intervention of the court or, if such an agreement proves impossible, they can litigate their divorce, in which case the divorce will be decided by the court. Issues that must be resolved in a divorce include:
- Division of property. Spouses will need to present a plan to the court regarding the division of their property and their debts. If a decision cannot be reached in collaboration, the court will make a decision about property division that is equitable, but not necessarily equal.
- Child support. If divorcing parents have children, then the parents will need to work together to determine where the child will live and who the primary caregiver for the child will be. The parent who does not have the majority of time with the child is the parent who will be responsible for paying child support.
- Child custody. Where a child will live and what the rights and responsibilities of each parent will be can be one of the most challenging parts of settling a divorce. Again, parents are strongly encouraged to work together to reach an agreement that serves the child and the parents; however, if an agreement cannot be reached, the court will issue a decision that is based on the best interests of the child.
- Alimony/spousal support. If one party in the marriage has been financially dependent on the other throughout the course of the marriage, then this party may be entitled to spousal support payments.
REPRESENTATION THROUGHOUT THE DIVORCE PROCESS
When you work with the Findlay, Ohio divorce lawyers at Groth & Associates, you can count on high-quality representation throughout the entirety of the divorce process. If you and your spouse are in agreement about the terms of your divorce, we can represent you by reviewing your final divorce settlement. If you and your spouse are negotiating the terms of your divorce, we can represent you in mediated sessions. And if you and your spouse cannot reach an agreement and need to litigate your divorce, we can represent you in court. Our goal is to advocate for you and secure the best outcome for you that’s possible.
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CALL OUR FINDLAY, OH DIVORCE LAWYERS TODAY
To learn more about filing for a divorce in Findlay, OH and how our Findlay divorce lawyers can help, please reach out to our team directly or by phone for a consultation. We are committed to providing superior legal services to our clients, maintaining your confidentiality, and creating a case strategy based on your needs. Reach us today by phone or online to learn more.
Call or text (419) 930-3030 or complete a Case Evaluation form