According to DivorceSource.com, there are many confusing couples straining to understand laws about divorce in Ohio. If you have questions about filing for divorce contact a Cleveland divorce attorney today to protect your rights. Here is a shortened version of their list of frequently asked questions by couples seeking a divorce in Ohio:
What is the difference between “divorce,” “dissolution,” and “annulment”?
A divorce puts an end to the marital relationship. It is the legal separation and legal termination of the marital relationship by the judgment of a court. This request of ending the marital relationship legally may only be granted upon identifying “grounds” for separation and will be determined by a judge.
A dissolution is a way to terminate the marriage as well. However, in this instance both parties have agreed upon all of the terms of the termination, making the separation a no-fault separation. This type requires no evidence of legal reasons for separation, but rather is a mutual agreement.
An annulment an order from a court deciding that the marriage is legally invalid because of some flaw that existed at the time the marriage was entered into. This can occur for many reasons but if you enter marriage under false pretenses it can be annulled.
What are “grounds” or legal reasons for divorce in Ohio?
Ohio law will grant a divorce only upon a finding by the court, or argument to the court that there are legal grounds to end the marriage. In the instance of one spouse trying to prove reasons for a divorce, there must be a witness or an admission from the spouse in question proving the reasons are valid. Ohio has two types of grounds for divorce: “no-fault” and “fault.” The “no-fault” grounds include “incompatibility” and “living separate and apart without cohabitation for one year.” There are nine “fault” grounds including “adultery” and “habitual drunkenness.”
How does the judge make a final decision?
When involved in a divorce case both spouses will need to provide the judge with information and documentation regarding all of the issues relevant to the case. Proof of ownership of assets, as well as proof of grounds for the divorce. The court will hold hearings and a trial where the parties present witnesses, testimonies, and any other evidence for each side. If there are children involved in the separation, the judge may interview the children if requested or if he/she feels it would be beneficial to do so. The judge is then required to make a decision based on the evidence presented and the law. The judge makes the final decision but their decision is heavily weighted on what the law allows. The judge can also decide how assets are split, as well as settling any custody disputes.
If you are going through a divorce contact a Cleveland divorce attorney today to protect your assets. Eric Laubacher is an experienced divorce attorney who has worked with people seeking separation from their spouse. There are many different reasons to file for divorce. Each of those reasons requires evidence and proof. Hiring an experienced divorce attorney today can help you develop a case for your divorce as well as protect your assets. If you and your spouse were lucky enough to have children, it is important that topics like custody, visitation rights, and child support are settled fairly and amicably. Having an attorney to help you through your divorce will help ensure that your rights are protected and that you will receive fair treatment in court proceedings. Don’t go through a divorce undefended, it will cost you more later. Contact an attorney at Laubacher & Co. today for a free initial case consultation (440) 336-8687.