For years, you and your spouse had a great marriage. However, now, unfortunately, you have decided to get a divorce. Whether you’re on the same page with your spouse or not, it’s important to research what you can expect during your Ohio divorce. Then, you can be prepared for what’s ahead.
Contested vs. Uncontested Divorce
In Ohio, you can file for a contested or uncontested divorce. A contested divorce is one where you and your spouse do not agree on the terms of the divorce; in an uncontested divorce, you do. A dissolution of marriage is a type of uncontested divorce in Ohio. For an uncontested divorce, you need to agree on issues like:
- The division of property
- Spousal support (AKA alimony)
- Child support
- Child custody
A dissolution of marriage usually occurs within 30 to 90 days after you file a petition with the court. Contested divorces can take much longer – like months or years on end – particularly if the divorce is contentious. The court will decide on the issues for you in a contested divorce.
The Grounds for Divorce
You can expect to file a grounds for divorce in Ohio. This could be simple, such as irreconcilable differences, or it could be one (or more) of the following:
- Gross neglect of duty
- Habitual drunkenness
- Imprisonment of the adverse party
- Extreme cruelty
- Fraudulent contract
Of course, there are other situations that could be applicable as well.
How Division of Property Works
Ohio is an equitable division state (as opposed to a community property state). This means that your assets will be divided fairly, and not necessarily evenly. For example, let’s say you stayed home with the kids while your spouse worked. You helped them with their career, which led to their success at work. You may potentially receive more in the divorce because you set your career aside for so many years.
The court is going to look at all the factors and then decide how to divide your assets, as well as your debts. Any assets and debts you collected during the marriage will be considered. If you signed a legal prenup, then that will be factored in when deciding the division of property.
Before filing the petition for divorce in Ohio, you or your spouse must have been a resident in Ohio for at least six months. You will need to find the forms for your local county office in Ohio when you want to file your petition.
The Need for a Divorce Attorney
Whether you are pursuing a contested or uncontested divorce in Ohio, it’s critical to hire a divorce attorney to help you. They can assist with mediation, which will make the divorce process go smoother, as well as advocate for you so that you are treated fairly. Additionally, your attorney can advise you on life after divorce and the best moves to make now. For instance, you may want to get the family cars, but your attorney might point out how expensive your car payments are and how you’ll need to scale back after your divorce. If you’ve never gone through a divorce, your attorney’s guidance is going to be especially critical.
Get in Touch With Richard P. Arthur
Richard P. Arthur, Attorney at Law, can help you with your divorce in Ohio. You can call 937-254-3738 for a consultation. He has more than three decades of experience helping clients in Dayton and Trotwood, as well as Montgomery, Greene, Miami, Clark, and Warren counties.