If you want to get divorced, you will need to understand the complexities of getting a divorce without consent in Ohio. The difference between contested and uncontested divorce in Ohio will greatly impact the process as it dictates whether or not you and your spouse can come to a peaceful agreement.
Are you planning on filing for divorce in Ohio without your spouse’s consent? If so, check out this article, where we will be discussing uncontested versus contested divorce in Ohio and how you can get a divorce even if you don’t have consent from your spouse.
Understanding Divorce Laws in Ohio
If you have decided that you want to get divorced, you will need to understand the divorce laws in Ohio and how these can impact your case. One thing to understand is that Ohio is both a fault-based and no-fault divorce state, giving you a little more flexibility.
A no-fault divorce is when both parties can agree to the terms of the divorce without there being any conflict. On the other hand, a fault-based divorce usually occurs when your spouse does not agree to your terms, requiring you to file a divorce action. Some examples of available grounds for divorce in the state of Ohio include:
- Extreme cruelty
- Adultery
- Legal separation for at least one year
- Incompatibility
- Drunkenness or drug abuse
- Fraudulent contract
In most divorce cases, consent is not required for the divorce to go through as long as you follow the correct steps. However, if minor children are involved, this can significantly complicate things as both parties have to come to certain agreements on the care and responsibility for the children.
Filing for Divorce Without Spousal Consent
The divorce process in Ohio is relatively straightforward, but there are certain steps you need to take. The first step is to file your petition to start the divorce proceedings. If your spouse refuses to respond to your petition, you can ask the courts for support, and a family law judge can move the case forward without consent from your spouse.
In fact, not having your spouse’s consent may actually help your case as this can influence the final decree from the judge. Keep in mind that you should provide as much relevant information as you can when you file your petition to support your side of the story and your reason for wanting the divorce.
How Long Does this Process Take?
When your spouse does not provide consent for your divorce case, this is usually considered to be a contested divorce, which is significantly more time-consuming. It may take longer for the details of the divorce to be decided on and completed if your spouse refuses to play a part in the divorce proceedings.
Because of the longer timeline, these types of divorce cases can also be more expensive as legal fees and court costs start to stack up.
What Happens If a Spouse Ignores Divorce Papers?
Some spouses may think that they can avoid dealing with a divorce petition simply by ignoring the paperwork. However, this is not a solution, as you can seek the assistance of the court to move your divorce case forward even without your spouse’s consent. When this happens, the court can approve the separation agreement and grant you a dissolution.
To turn the separation agreement into a legal divorce, you can convert the dissolution into a divorce action by filing a motion to convert to divorce. Keep in mind that you need to do this before the dissolution is granted.
Your spouse may also face consequences for failing to participate in the divorce process. In most cases, this will make the judge more likely to favor you in the divorce, which can result in a less appealing outcome for your spouse.
How an Attorney Can Help
When you are starting the process of a contested divorce in Ohio, you need to hire an Ohio divorce lawyer to represent you. Contested divorce cases can be quite complex, especially if your spouse is not cooperating and isn’t providing consent.
An attorney can work with you to file for divorce and seek the help of the court if your spouse refuses to sign. They can also help you with the details of your divorce so that you are more likely to get the most favorable outcome.
If there is some communication between you and your spouse, an attorney can act as a mediator to ensure a fair outcome. This is especially important if there are minor children involved, which can significantly complicate contested divorce cases.
FAQs
Can my spouse stop the divorce from happening?
No matter what your spouse does, they cannot stop you from pursuing a divorce in Ohio as long as you follow the correct steps. Even if they refuse to sign or actively create issues, the court can still grant you a divorce.
How long does a contested divorce take in Ohio?
There is no specific length of time for contested divorce cases in Ohio, but this can extend to one to two years if it is especially complicated.
Will I have to go to court if my spouse refuses to sign?
In any type of contested divorce, your case will go to a contested hearing before the Ohio family court, where you will have to present your reasons for wanting the divorce.
What happens if my spouse hides assets or refuses to cooperate?
If your spouse attempts to hide any assets that should be split during the divorce, they could face fines from the court and may even be required to pay your legal fees as punishment. If they try to create other issues, such as refusing to cooperate, the court may even hold them in contempt.
Hire a Divorce Attorney in Ohio
If you want to get a divorce in Ohio, you should take the necessary step of hiring a divorce attorney to represent you. Richard P. Arthur, Attorney at Law, has extensive experience with divorce cases in Ohio and can help you file for divorce, whether you have your spouse’s consent or not. To move forward with your divorce case, contact us today at 937-254-3738 for a free consultation.