Steps to Take When You Want a Divorce but Your Spouse Doesn’t

Date Posted:March 19, 2016 | Categories:

When you want divorce but your spouse doesnt

Concluding a series of amicable agreements over how to divide property, share child care duties, and provide ongoing financial support following a mutual decision to end a marriage is the goal in each case handled by the Dublin, Ohio, divorce attorneys with Edward F. Whipps & Associates. We know from decades of combined experience, however, that such outcomes are not always possible. Contested divorces initiated by one spouse are common and, often, contentious.

Reaching a good outcome from a contested divorce is always possible, but taking the right steps from the beginning is essential. First, the aggrieved spouse must have legal grounds for seeking the divorce. Then, the person who filed the divorce petition must thoroughly prepare for a court trial.

 Know the Causes for Divorce Recognized in Ohio

 The grounds for filing for divorce that are recognized under Ohio law are

  • Mutual separation for at least one year, with or without separate living arrangements
  • Abandonment for at least one year during which the absent spouse either engages in no communications or refuse to resume the relationship
  • Adultery
  • Extreme physical or emotional cruelty
  • Fraud related to the reasons for entering into the marriage contract or the spouse’s identity
  • Gross neglect of marital duties such as refusing to care for children or to maintain the household
  • Habitual drunkenness or drug addiction
  • Imprisonment of the spouse at the time the divorce petition is filed
  • Presentation of finalized divorce papers from out of state that release only one spouse from marriage obligations
  • Incompatibility for any reason

 Importantly, a court cannot automatically reject a divorce filing if one spouse claims incompatibility and the other spouse denies that claim. For the purposes of seeking an end to a marriage, the initial determination that spouses can no longer function and live as a couple can be made unilaterally.

Prepare Well for a Tough Trial

 Trying to reach negotiated settlements or mediated agreements is recommended even when only one spouse files for divorce. However, many issues are likely to prove irresolvable if the other person does not want to end the marriage. Differences than be overcome make a divorce hearing before a judge necessary.

 During the trial, the person seeking the divorce must be prepared to present evidence that substantiates the grounds stated for ending the marriage. The divorce petitioner will also be required to establish the need for any child support and spousal support payments he or she has requested. Key to having payments approved will be revealing as much as possible about the soon-to-be ex-spouse’s income, financial assets, investments, and property holdings.

 An experienced and dedicated central Ohio divorce attorney will take the time necessary to investigate allegations of cheating and abuse, finances, and all other aspects of your case. He or she will assist with taking out and enforcing protective orders. Your legal advocate will also work to protect your privacy during pretrial discovery and make sure you know what questions to expect while testifying in court.

 To learn more about contested divorces, contact Edward F. Whipps & Associates online or by calling (614) 461-6006.