How No-Fault Divorces Work in Ohio

October 16, 2018  

Complicated and contentious at best, divorce is imminent when one or both spouses cannot or will not adhere to the vows they promised to uphold. Infidelity, financial issues, and simply drifting apart top the list of reasons couples divorce in Ohio.

This state adopts a no-fault law when filing for divorce. Either spouse must prove irreconcilable differences, live in Ohio, and pay their respective county’s nominal filing fee to begin the process.

We have abridged Ohio’s complex no-fault divorce laws into the following simple-to-understand four-minute read.

Filing and Beginning Stages

The pleadings or documents that describe your claims are filed in the Court of Common Pleas and your spouse served at the beginning of the case. Your attorney will request information regarding your assets, liabilities, income, number, and age of children, work hours, and whatever else may help move the case along. Your spouse will be required to provide the same information.

The information is necessary to equitably divide marital assets and debts. The court will determine what constitutes marital property and separate property, working as fairly as possible to equitably divide homes, vehicles, other large purchases, financial obligations, and child care.

The court will take into consideration your wishes, the wishes of your spouse, and the best interests of your children. The court will assume both spouses equally contributed to finances during the marriage unless it is proven otherwise.

Parenting Plan

Minor children born during the marriage will present unique but surmountable challenges to both parties. A parenting plan outlining the rights and responsibilities of the parents is required, together with a child support worksheet.

It is preferred that both parties amicably resolve parenting plan and support issues prior to taking them to court. This saves time, possible unfavorable decisions rendered by the judge, and strain on the future co-parenting relationship.

Tips to Make No-Fault Divorces Less Stressful

With so much paperwork, heartache, and other last-second arrangements, divorce can break down even the strongest person. Take the stress out of divorce with these quick tips:

  • Try to resolve differences prior to filing, even though filing is imminent. The more two people can agree on, the less time they will spend in court.
  • Keep children as comfortable as possible, always letting them know that both their parents love them unconditionally even though they must live in separate homes.
  • Be fair in what property you expect. Custodial parents deserve a home to care for children, so keep that in mind.

As always, run all changes or emergencies through your attorney first, who is there to guide you through the legalities of divorce.

At Kryszak & Associates, Co., LPA, we stand behind our emotionally drained divorce clients by offering superior representation. Contact our firm today to begin the process of divorce.