If you wish to get divorced in Clark County, Ohio, you may be wondering what the best option is for your situation. For many couples, getting a no-fault divorce in Ohio is a preferable option as it can make the process easier and faster.
Do you want to quickly get through the divorce process in Clark County, Ohio? If so, check out this article, where we will be discussing what an Ohio state no-fault divorce entails and whether or not this is a suitable option for your situation.
What is a No-Fault Divorce in Ohio?
In the state of Ohio, there are two main types of divorce you will need to look into before you begin this process. The main types of divorce include a fault and a no-fault divorce, although there are other processes that may apply to more complex or unique situations.
A no-fault divorce in Ohio allows you to file for divorce without having to state a specific reason for wishing to end the marital relationship. This is an option that is a good fit for situations where both spouses are amicable and have come to an agreement regarding how things like debt and assets will be divided.
On the other hand, a fault divorce requires one or both parties to provide a reason for the divorce, which is often centered around marital misconduct. In fault divorce cases, the process is usually much longer and more costly, especially if the spouses are unable to communicate with one another or decide on marital property or parenting rights.
No-Fault Divorce Requirements
To qualify for a no-fault divorce in Clark County, Ohio, at least one of the spouses has to have been an Ohio resident for six months before filing the petition for divorce. You and your spouse must also be incompatible and have lived apart for a year.
Both spouses must enter into a written marital settlement agreement, also called a separation agreement. This agreement includes details surrounding spousal support, property division, debt allocation, and parenting rights and responsibilities.
The separation agreement needs to cover any details around the divorce that would have been examined in court. The divorce case will still need to be brought before a judge who will examine the agreement to ensure it includes all of the necessary arrangements and maintains the child’s best interest if children are involved.
Although the process of a no-fault divorce is relatively straightforward, you should still hire a divorce attorney to assist you with your petition. They can help you with the divorce petition as well as with the agreement, which has to be legally binding. An attorney also has your best interest in mind when it comes to protecting your rights, keeping communication amicable, and protecting your assets.
Benefits of No-Fault Divorce
Now that you know how a no-fault divorce in Ohio works and the eligibility requirements, you also need to consider the benefits of this divorce option. Although any divorce process will come with some downsides, a no-fault divorce is generally preferred if you meet all of the eligibility requirements.
Simpler
If you are eligible for a no-fault divorce, this is a great option that is much simpler than a fault-based divorce. You and your spouse do not have to go in front of a judge to sort out the divorce details; instead, you can work together in collaboration with your attorneys to create an agreement. This also gives both of you more control over the situation as you can outline the best type of agreement for your situation instead of relying on what a judge decides.
Faster
No-fault divorce in Ohio is a straightforward process that does not require many of the lengthy legal steps that other options do. For instance, a fault-based divorce usually requires you to prove the allegations of fault, which can create several additional steps. Most of the divorce process will be handled outside of court, so it is faster and less stressful.
Cheaper
How long divorce proceedings are will directly impact how expensive it is, which is why a no-fault divorce is usually more affordable as it is resolved faster. However, your expenses will often be affected by the county court filing costs and other legal service fees. On average, a no-fault divorce can cost between $4000 to $8000, depending on the situation.
Privacy
Getting a divorce in Ohio can already be a stressful and emotional process, especially when you and your spouse have to go to court. Although a no-fault divorce still requires your case to be examined by a judge, this will be handled much more privately.
Because marital misconduct is not included in a no-fault divorce, couples will not have to air their dirty laundry in court in front of others. The majority of the couple’s details can be kept private, which is especially beneficial if children are involved.
Less Conflict
One of the main downsides to a fault-based divorce is that it usually creates quite a bit of conflict between spouses. With a no-fault divorce, no accusations need to be made, which can keep communication amicable. The basis of a no-fault divorce is centered on both parties coming to an agreement so that the entire process is handled more peacefully and quickly.
Something to keep in mind is that you should still hire a divorce attorney even if you choose a no-fault divorce. It is still helpful to have a mediator when it comes to communication with your spouse, as well as to have somebody on your side with an understanding of how Ohio divorce laws work.
Contact a Divorce Attorney in Ohio
Do you want an affordable and fast divorce in Ohio that also helps to reduce conflict? Richard P. Arthur, Attorney at Law, can help you navigate the complexities around getting a divorce in Ohio, helping you find the best option that fits your goals. Richard P. Arthur has handled hundreds of divorce cases in Clark County, Ohio, and can help you find the best divorce option as well as help you file your case. Contact us today at 937-254-3738 for a consultation.