Divorce can be a confusing and overwhelming time for any separating couple. If you’re going through the process, you might have many questions about how to proceed. Although there are some similarities, divorce laws vary across the country. If you live in Ohio, here are some answers to various questions or concerns you may have when separating from a partner.

What You Need to Know About Ohio’s Divorce Process

What separation options are available in Ohio?

Several options are available in the state, including dissolution, annulment, collaborative divorce, and legal separation. If you have legitimate disputes that require court intervention, standard separation is likely the best for your situation.

On the other hand, you might benefit more from dissolution or no-fault separation if you and your spouse can agree on important aspects such as division of property or parental rights.

If you need a guided negotiation process, you can choose a collaborative divorce instead. Meanwhile, you can live separately while remaining married through legal separation, or the court can mandate that your marriage never took place through an annulment.

How do you start the proceedings?

Your case begins once you file a petition, or what is called a complaint for divorce in Ohio. This document should contain details such as information about your marriage ceremony and any minor children, your expectations, and a request for relief from the marriage.

You must serve the complaint to your spouse, who will need to file a reply in return. Your petition can be filed with the court soon afterward. 

Does Ohio allow fault-based grounds?

Unlike in most other states, you can pursue either a no-fault or fault-based separation in Ohio. A no-fault divorce is the same as dissolution of marriage.

If you decide on a fault-based separation, you should establish grounds, such as gross neglect, adultery, extreme cruelty, fraudulent inducement to marry, habitual drunkenness, or willful absence of more than a year.

Do you need an attorney?

Even if you are not required to hire a lawyer, you can benefit from a reliable legal representation when it comes to minimizing stress and relieving the burden of completing the process in accordance with the law. With an experienced attorney, you can also also be assured that your rights are protected, and you will have access to expert, objective legal advice.

Donald K. Swartz of the Swartz Law Office in Batavia, OH, has the knowledge and experience to provide you with personalized legal services when it comes to separation. You can depend on top-quality representation, whether you need help establishing grounds for a fault-based separation or simply filling out the paperwork. Call (513) 732-0900 to schedule an appointment or visit their website to send a message online.