How to File for Divorce in Ohio

Ending a marriage is never an easy thing to do, but divorce is the right choice for some couples. If you are getting divorced, you are not alone. Filing for divorce is complicated. Beyond the heavy, intense emotional issues, many legal and logistical matters must be resolved. Here, our Dayton divorce attorneys explain how to file for divorce in Ohio. Four Steps for Filing for Divorce in Ohio 1.) You Must Meet the Eligibility Requirements Under Ohio law (3105.01), you must meet the state’s residency requirements to file for divorce. Either you or your spouse must have lived in the state of Ohio for at least six months before you filed for divorce. Couples seeking a divorce in Ohio must file in the county where they have resided for the last 90 days. If you do not yet meet Ohio residency requirements, you must wait to do so.  2.) Select Your Grounds for Divorce To file for divorce in Ohio, you must select and prove grounds for the separation. Most couples choose to seek a no-fault divorce in Ohio. Married couples can get a divorce on the grounds of “incompatibility” in Ohio. 3.) Prepare and File Divorce Forms When you file for divorce in Ohio, ensure that all forms are correctly prepared and submitted. The specific requirements for divorce forms sometimes vary from county to county. In any Ohio divorce, you must: File a case designation sheet; File a divorce complaint; and Include instructions for serving divorce papers on your spouse. If you are a parent of a minor, you must complete and submit a Parenting Proceeding Affidavit. Eventually, divorcing parents must create a shared parenting plan with documents for child support calculations. 4.) Resolve the Key Issues Before you can finalize your divorce, all relevant issues must be resolved. Critical issues in an Ohio divorce case can include: Property division; Debt division; Alimony (spousal support); Child custody; Child visitation; and Child support In some divorce cases, litigation may be necessary to reach a resolution. However, that is usually not the case. Most divorces are settled outside of the courtroom — either through collaborative divorce, divorce mediation, or through another type of negotiation. Get Help From Our Dayton, OH Divorce Lawyers Today At Gounaris Abboud, LPA, our Ohio family law attorneys are compassionate advocates for clients. If you are filing for divorce, we are here to help. For a free confidential divorce consultation, please contact our legal team right away. From our law office in Dayton, we serve communities throughout the region, including in Montgomery County, Miami County, and Greene County.

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Filing for Divorce in Ohio

If you or your spouse are considering divorce, you must understand the divorce process in Ohio. At Gounaris Abboud, we provide professional and experienced representation to our clients during the divorce process. An Ohio divorce lawyer at our firm can answer any questions you might have today. In the meantime, we want to give you with more information about filing for divorce in Ohio. Filing for Divorce in Ohio Under Ohio law (Ohio Rev. Code § 3105.17), the divorce process begins when one spouse files a complaint for divorce. Ohio is one of a few states in the U.S. that recognizes fault-based divorce. When one party files for divorce, that party must state a fault-based ground for divorce or the “no-fault” option. The “no-fault” divorce option is only possible if both parties agree to the divorce. When both parties agree to the “no-fault” option, the process is a “dissolution of marriage.” Fault-Based Versus No-Fault Grounds for Divorce in Ohio According to the Ohio Revised Code, the following are possible causes for divorce: Either party had a spouse living at the time of the marriage; Willful absence of the adverse party for one year (abandonment); Adultery; Extreme cruelty; Fraudulent contract; Any gross neglect of duty; Habitual intoxication; or Incompatibility, unless denied by either party (“no-fault” option). If one of the parties files a petition for divorce based on incompatibility and the other party agrees, then this is a “no-fault” divorce option. If the parties have lived apart for at least one year from the date of the divorce complaint, there is no need to claim fault. When a party cites a fault-based ground for divorce, property division, alimony, and other matters in the divorce process might be affected. Contact a Divorce Attorney in Ohio Do you have questions about the divorce process in Ohio? An Ohio divorce attorney at our firm can assist you. Contact Gounaris Abboud today for more information.

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same-sex marriage

Municipal Judge C. Allen McConnell of Toledo, Ohio has refused to acknowledge same-sex couples who come to his court to be married. The judge has cited his own personal religious beliefs for his reasoning behind the refusals, feeling that the United States Supreme Court’s ruling late last month has ignored the rights of religious individuals. He is certainly not alone in his beliefs but he is certainly one of the few municipal judges acting upon them in this way. When two women came to his court in the beginning of July, they did so to avoid any churches that may have been offended by their wishes to marry. They believed that a municipal judge would have to abide and provide them with the ceremony, as simple as it may be, as the court is not a religious institution and the judge would be performing his duty as described in his occupation. Much to their surprise, Judge McConnell was able to readily turn them down. But how? Even Judges Can Use Legal Loopholes Judge C. Allen McConnell has been able to avoid any immediate punishment for his actions due to a gray area in the law. By passing along his responsibility to another municipal judge who will perform the marriage ceremonies, he is not directly or definitively denying them their newfound right to be married. Instead, he is merely adding a delay in the process. Members of the community and nearly 30 other public officials have voiced their concern over his behavior, however. They fear that his unwillingness to put aside his religious beliefs in this matter could indicate his inability to be impartial in just about any other issue. Whether or not he faces any official punishment, including removal from his elected position, is yet to be determined. If you are dealing with a family law issue and believe it could be related to the Supreme Court’s recent ruling on same-sex marriage, you can come to Gounaris Abboud, LPA for assistance. Our Dayton divorce attorneys can use their years of experience and unparalleled knowledge of litigation to get you through even the most difficult of circumstances. Contact us today to get started.

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