Divorce is the most common method of terminating a marriage. A divorce can be contested or uncontested.
In a contested divorce, the court assists the couple in issues surrounding the termination of the marriage such as the division of assets and debts, issues surrounding child support and custody, and spousal support if necessary. A complaint is filed by the Plaintiff and most generally an answer and counterclaim are filed by the defendant, thus initiating an adversarial civil matter.
In an uncontested divorce, the court grants the complaining party a divorce on the basis of their complaint, when either the opposing party doesn’t answer the complaint or does not contest what is set forth in the complaint.
Our Hilliard divorce law firm can help you to handle many different aspects of your divorce settlement, including:
Types of Divorce in Ohio
The state of Ohio offers several avenues for you to end your marriage. The 3 most common ways couples terminate their marriages are:
- Divorce, either contested or uncontested
- Dissolution, also called an "no-fault" divorce
What is Dissolution?
Dissolution is another method of terminating a marriage. In order for a dissolution to be granted both parties must be in agreement on every aspect of the dissolution. In many instances, only one attorney is involved in a dissolution and may only represent one party. Dissolutions are quicker and much cheaper than divorces.
Most of the final dissolution hearings of our family law clients are held at Dailey Law Offices and presided over by a private judge. If you are divorcing in Franklin County, we would be happy to assist you.
Grounds for Divorce in Ohio
Ohio allows for both fault and no-fault grounds for divorce in the state.
A no-fault divorce in Ohio is called a “dissolution of marriage”. A no-fault divorce is based on the fact that the couple is no longer compatible, not because of any particular fault of either spouse. For a couple to file for a no-fault divorce, they must first live separate for at least one year.
A spouse can also file for divorce based on one of the following fault-based grounds:
- The other spouse already had a living spouse at the time of their marriage
- The other spouse has been willfully absent for one year or more
- Gross negligence
- Habitually drunk
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Divorce Mediation in Ohio
Divorce mediation – This is when a couple works with a 3rd party neutral mediator who is trained to help two spouses work through disputed matters and come to an amiable agreement. The process is typically much less stressful and more cost-effective than a contested divorce in the courtroom.
The majority of clients who walk through my front door want an amicable divorce. They have been communicating effectively with their spouse and both parties have been able to compromise on most issues.
However, there is always that one issue involving children or some sort of financial obligation, like spousal support, that the parties just can’t seem to work through. Should you just throw in the towel and roll up your sleeves and prepare for a long legal battle? Usually, the answer to that is no. Try mediation. It can work with agreeable, reasonable, and rational people.
I offer mediation services to couples who aren’t my client, but I can also set up mediation with a third party for couples where I do represent as a client. If you don’t want to spend the money and time involved in the divorce process contact me to talk about how mediation can help you with an amicable termination to your marriage.
Call Dailey Law Offices today at (614) 524-4048 to determine what method is best for your particular situation.
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Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (614) 524-4048.