Ohio Divorce: Grounds, Process, and Considerations

Filing for divorce in Ohio entails specific grounds and procedures. While the burden of proof for divorce grounds is notably low, it’s essential to understand the legal aspects and potential outcomes. Ohio Revised Code Section 3105.01 outlines the permissible grounds for divorce:

  1. Existing Spouse: Either party had a living spouse at the time of the marriage being dissolved.
  2. Abandonment: Willful absence of the other spouse for one year.
  3. Adultery: Proven infidelity.
  4. Cruelty: Extreme cruelty leading to irreparable damage.
  5. Fraudulent Contract: Rarely used, usually when no other grounds apply.
  6. Gross Neglect: Severe failure in marital duties.
  7. Habitual Drunkenness: Persistent alcoholism affecting the marriage.
  8. Imprisonment: Adverse party’s incarceration during filing.
  9. Out-of-State Divorce: Divorce obtained outside Ohio by one party, releasing them from marital obligations.
  10. Separation: Living apart for one year.
  11. Incompatibility: General incompatibility (unless denied by either party).

It’s important to note that Ohio courts do not typically penalize parties based on the grounds for divorce. Division of assets is based on equitable principles rather than punitive measures.

Key Points on Ohio Divorce:

  1. Legal Representation: Over 90% of divorce cases settle, but professional assistance is crucial to navigate complex negotiations and, if necessary, litigation.
  2. Timeline and Process: Divorce cases can take 4 to 18 months to conclude, depending on factors like settlement and case complexity.
  3. Temporary Orders: Parties may request temporary orders to address child custody, support, debts, and more, providing stability during the divorce process.
  4. Trial Consideration: If a settlement isn’t reached, divorce trial becomes an option. Trials are last resorts for resolving disputes in court.
  5. Trial Process: A trial involves presenting evidence to address unresolved issues. Depending on child involvement, trial usually occurs 12 to 24 months after filing.
  6. Trial Dynamics: Trials can be expensive and time-consuming, requiring strategic planning and professional legal guidance.
  7. Settlement or Trial: A trial is a final recourse when parties can’t agree. Expert legal counsel can help you determine the best course of action.

At Thurman and Associates LLC, we provide comprehensive support in divorce cases, whether through settlement negotiation or vigorous litigation. Our experienced attorneys are skilled in guiding clients through these intricate processes, ensuring their interests are represented effectively.

Considering divorce?

Our attorneys are here to help you navigate the process. Contact us today for more information and personalized guidance.