Does My Spouse Need To Agree To A Divorce

In Ohio, you may file for divorce based on either “fault” or “no-fault” grounds. No-fault grounds include incompatibility, or living separate or apart without cohabitation for one year. Fault grounds include bigamy, willful absence for one year, adultery, extreme cruelty, fraudulent inducement to marriage, gross neglect of duty, habitual drunkenness, imprisonment in a state or federal institution at the time of the filing of the complaint, or an out-of-state divorce.

While having your spouse agree to the divorce may make coming to agreement on other aspects of the divorce less contentious, it is not essential to have agreement in order to complete the divorce.  The court’s role and goal is the equitable division of any property from the marriage and the custody of your children, if any.

You may file for divorce in Ohio as long as you have lived in the state for a minimum of six months, and resided in the county in which you file for divorce for 90 days.

To begin the divorce process, you file a complaint – making you the plaintiff, and the other spouse the defendant. The defendant is served with divorce papers by the plaintiff, or by a representative of the plaintiff.

The defendant responds to the plaintiff’s complaint with an answer either admitting or denying allegations, and may raise a defense or file counter claims.  If the defendant does not answer, the plaintiff merely presents his or her case for the judge to rule on. Either spouse may request temporary orders for child support, spousal support, temporary custody, visitation rights, or even a restraining order.

The court may hold pretrial hearings to attempt an agreeable resolution. If that cannot be achieved, the court sets dates for discovery, expert reports, and evaluations and the date of a final hearing.

Another way to dissolve your marriage is through a procedure called dissolution.  Dissolution can occur when both parties agree to all terms of the dissolution such as division of the marital property, spousal support and child support, and custody. If all the particulars are already worked out, then you’re simply asking the court to agree with your agreement. This can be a less costly alternative to divorce.

Central Ohio Divorce Attorney

Whether or not you anticipate any difficulty in your divorce,we are here to help you. Contact us to arrange an initial consultation at a mutually convenient time.  You may call or email us online.