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Ohio divorce law allows spouses to end their marriages without attaching blame to either partner. Family law attorneys call this process attaining a “no-fault” divorce. Unlike divorces with fault grounds, there is no need to prove someone committed a wrongful act, such as adultery or habitual drunkenness. Here’s how individuals regain their single status under the no-fault provisions of divorce law.

No-Fault Divorce Law Grounds

To attain a no-fault divorce, spouses must establish they have been "living separate and apart for one year without interruption and without cohabitation," and they must agree they are incompatible. “Without cohabitation” means they have not engaged in sexual relations. If they have relations, the one-year period starts again from the last date of intimacy.

Pursuing the Process

divorce-law-Dayton-OHA spouse starts the legal process by filing a complaint with the court and serving the other spouse with it. Spouses can request temporary court orders that affect issues such as paying child support, protecting marital assets, and prohibiting physical contact. Having a family law attorney prepare and file the paperwork ensures it is done properly.

Obtaining the Final Decree

Even if both spouses agree to end the marriage, Ohio’s divorce law requires the court to wait at least six weeks after the spouse receives the complaint before issuing the final divorce decree. The legislature structured the process this way to allow spouses time to reconsider their decisions.

 

An experienced divorce law attorney gives clients understanding and peace of mind as they navigate the divorce process, which can be complex even in no-fault situations. At the Law Office of Lawrence W. Henke, III in Dayton, OH, divorcing individuals receive personalized and compassionate legal representation. Drawing on more than 30 years of family law practice, attorney Henke offers wise counsel and effective advocacy in matters including property division and child custody. Visit him online for more about his services, and call (937) 461-9330 to schedule a confidential appointment. Follow him on Facebook for additional useful information.

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