Ohio No Fault Divorce

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From past several years, it is observed that the divorce rate is really high in most of the states in the US. The no fault cases are more common as it is one of the simplest and less time consuming divorce process. The spouse who files the case is commonly known as the Plaintiff. The other partner is called as the Defendant. The major legal issues in a divorce case are the grounds of divorce, parental rights and responsibilities, spousal support and distribution of marital debts and properties. The Ohio no fault divorce is only granted after following definite criteria as decided by the court house. These requirements include, stating appropriate grounds, residency requirement etc. Most importantly, these rules and terms should be followed and satisfied prior to filing the case. There is a definite legal procedure followed while filing the no fault cases in Ohio.

Grounds for Ohio No Fault Divorce

In order to file a no fault case in this state, you or your spouse need to state some specific grounds while filing papers in the court house. Some of the main grounds are:

  • Incompatibility: If either of two spouses report the condition of incompatibility due to irreconcilable differences with the other partner, then such statement is directly considered while granting no fault divorce.
  • Residing apart and living separately in the absence of cohabitation for at least one year is also considered while establishing the legal termination of the marriage between the two married individuals.

Residency requirements for Ohio No Fault Divorce

  • The Plaintiff or the respondent should satisfy the residency requirement of the state of at least six months immediately before the complaint was filed, and must be residing in the county where the divorce is filed for at least ninety days.

How to begin a divorce case?

The first step is to file a complaint. Such a complaint consists of the following information:

  • The Plaintiff has stayed in this state for at least six months immediately before the complaint was filed.
  • Date and location of marriage
  • Name and date of birth of minor children, if any
  • The ground for divorce
  • A demand regarding the relief requested by the court

The next step is to serve the complaint to the Defendant. This can be done through various modes depending upon where the defendant resides. After the service has been made, the Defendant must file an Answer. In this Answer, the Defendant denies or admits the allegations in the complaint. If the Defendant denies the allegations, some defenses may be raised in the Answer. Moreover, the Defendant possesses the right to file a counterclaim to reflect the disagreement against the Plaintiff.

If a counterclaim is made by the Defendant, the Plaintiff must reply to it by either denying or accepting the allegations and raising any defenses.

Temporary Orders

While the divorce case is pending, the divorcing couples need to sort out a few things for the time being. One or both of the divorcing partners may request temporary orders for the following:

  • Custody or visitation schedule
  • Spousal support
  • Child support
  • Restraining orders to prohibit removal of children from the jurisdiction of the court
  • Restricting one or both the divorcing partners from doing physical abuse, threaten or harass one another

During this period, the parties can make a request to the court to execute psychiatric or psychological evaluations of the children and / or divorcing partners. This is helpful to determine the appropriate rights and responsibilities of the divorcing parents pertaining the children. At the same time, the court house also gets to know the personal interest of the child.

Depositions and interrogations immensely contribute in finding facts about assets that are included as marital property, during the property division step in divorce. The future plans of the partners for the upbringing of their children are also sorted through this step. Experts can be hired to appraise businesses and property. Home studies assist the court to find out the living conditions of the divorcing partners, and how these would impact the children.

The condition of unresolved disputes and incompatibility mostly leads to legal termination of marriage between the spouses. In states like Ohio, many spouses are found to be in favor of getting a divorce without filing any fault against each other.

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