Divorce & Dissolution Attorney in Franklin County

In the State of Ohio, a divorce and dissolution of marriage is considered a non-adversarial, no-fault process used to legally end a marriage. A divorce and dissolution of marriage is more affordable and faster than contested and uncontested divorces, but it is only ideal for those who can amicably reach an agreement on divorce issues.

A divorce and dissolution of marriage has the same legal effect as a divorce but avoids conflict and confrontation between the two divorcing individuals.

Filing Requirements & Procedure

If you are considering a divorce and dissolution of marriage, you or your spouse must be a resident of the State of Ohio for at least six months prior to filing the petition. However, before this petition is filed, you and your spouse must sign a separation agreement that allows for the division of all real and personal property and covers spousal support requirements, parental rights, and any other issues related to marriage.

The separation agreement must be attached to the petition, which needs to be signed by both parties and filed in a court within a county where one or both spouses reside. Once the petition is filed, a hearing date is established by the court. If the judge approves, a judgment will be entered, making the divorce and dissolution an official order of the court.

How Can You End a Marriage in Ohio?

The three most common ways to end a marriage in Ohio include: divorce, dissolution, and annulment. During a divorce, a judge will make a judgment that declares that the marriage is over if it finds that certain grounds for divorce existed. In dissolution, fault is not determined and both spouses must agree on the terms of their dissolution. An annulment recognizes a marriage as invalid and that the couple was never married.

How Do I File for Divorce in Ohio?

The first step to filing for divorce in Ohio is to ensure you have secured the counsel of an experienced divorce attorney. Once this has been done, you will need to complete your paperwork. 

Here are the additional steps you will need to take to file for divorce:

• File a complaint for divorce, request for service, affidavit of income and expenses, an affidavit of property, and a parenting proceeding affidavit (if applicable)
• If you choose dissolution, file your petition for the dissolution of marriage along with your financial disclosure affidavit, affidavit of property, and other paperwork as is required
• Serve your spouse with copies of all the divorce documents (you can hire a service to do this)
• The court will schedule a hearing between 30 and 90 days from the date of filing

What Are the Grounds for Divorce in Ohio?

Ohio allows both fault-based and no-fault divorce. If you would like to file a no-fault divorce, you can cite incompatibility or that you and your spouse have been living apart for at least 1 year as your reason. If you are going to file for a fault-based divorce, you will do so on one of the following grounds: 

• Adultery
• Bigamy
• Willful absence of at least 1 year
• Gross neglect of duty (failing to financially support your spouse)
• Extreme cruelty
• Habitual drunkenness
• Fraudulent contract
• Imprisonment (if one spouse goes to prison)

If you would like to pursue a no-fault divorce and you and your spouse can agree on all matters pertaining to property division and child custody, you could choose dissolution of marriage.

Our Experienced Franklin County Divorce Lawyers Can Help

Do not wait until you are feeling completely overwhelmed by the divorce process to hire a Franklin County divorce lawyer. Contact my office today to schedule a 30-minute consultation. I am here to discuss your specific situation prior to determining the best plan of action.