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Divorce Process in Ohio

Updated: February 20, 2020
Lauren Davenport
By Lauren Davenport

After graduating from the University of Dayton School of Law, Lauren spent eight years practicing law at a general practice firm in Dayton. Lauren is also a Member of the School Board for Summit Academy Community School and Summit Academy Transition High School in Dayton. Lauren leads the family law practice at Gounaris Abboud, LPA.

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.

Available 24/7 & Obligation-Free