Though each state now offers no-fault divorce, there are still plenty of variations regarding how a couple may get divorced. In Ohio, there are three options that a divorce attorney can use to help you end your marriage, each with different requirements. This overview will help you understand more about the ways to separate from your partner.

What Are the Options for Filing for Divorce in Ohio?

1. No-Fault Divorce

In a no-fault divorce, you or your divorce attorney must be able to show that you and your spouse have maintained separate residences for a minimum of 12 months. While this is as easy as providing copies of lease agreements and other similar documents, the second condition of a no-fault divorce can create a challenge: showing the court that you and your spouse aren’t compatible.

If both spouses agree that this is the case, the no-fault divorce can be granted. However, if your spouse contests the divorce and believes the marriage can be saved, you may be left having to seek a divorce based on grounds.

2. Divorce With Grounds

Grounds are reasons for wanting the divorce. In Ohio, there are specified situations that allow the judge to grant the divorce. For instance, if your spouse has been absent from the home for one year or longer, you can seek a divorce based on abandonment.

Other grounds for divorce in Ohio include adultery, cruelty, habitual drunkenness, false imprisonment of one spouse by the other, or polygamy. Since this type of divorce is more adversarial, you should hire an attorney to assist in the case. If you have children, you may also want to ensure your lawyer is a skilled child support attorney.

3. Dissolution of Marriage

In a regular divorce, each party may need to hire a divorce and child custody lawyer to help settle disputes concerning the division of assets, custody, and support payments. However, if you and your spouse agree on these issues, Ohio allows you to dissolve your marriage peaceably.

In this case, you and your spouse would complete a divorce petition and draft a settlement that addresses each issue. Within 90 days, you go to court to assert that you both still agree with the solution and, if so, the marriage will be dissolved. This provides a way to end the marriage without a bitter court battle.

Even choosing the type of divorce that’s right for your situation is complex, so consult a divorce attorney to streamline the process. Located in Cincinnati, OH, O'Connor, Mikita & Davidson LLC has been practicing family law for more than 20 years, so they can help you end your marriage and ensure you get the settlement terms you want. To explore the firm’s practice areas, visit their website. To schedule a consultation, call (513) 793-5297.