Divorce Attorney, Columbus, Ohio
As if ending a marriage isn’t emotional and hard enough, when splitting couples start the divorce process, the situation often becomes more challenging and complicated.
The family law attorneys at the Law Office of Dmitriy Borshchak understand the difficulty of such life transitions. They have years of experience handling the divorce process successfully.
The Ohio laws allow divorcing parties to choose from two common types of legal methods to end their marriage- divorce and dissolution. With a divorce process, the state will enable you to obtain either a no-fault or fault divorce.
What Is a No-Fault Divorce?
A no-fault divorce defines a divorce that is based on “irreconcilable differences” or an “irretrievable breakdown of the marriage.” These terms describe “incompatibility,” which means you and your partner no longer agree or get along, and there’s no hope for reconciliation.
With a no-fault divorce, you don’t have to explain to the court why you are seeking a divorce or prove that your spouse is at fault; you simply let the court know that you want a divorce based on irreconcilable differences.
There’s no need to argue that your spouse did something wrong because the judge won’t consider the other party’s misconduct when granting the divorce. However, both spouses have to agree to incompatibility.
If a spouse denies the claim, you’ll be forced to use one or more of the grounds for divorce.
With a no-fault divorce, you don’t have to explain to the court why you are seeking a divorce or prove that your spouse is at fault; you simply let the court know that you want a divorce based on irreconcilable differences.
There’s no need to argue that your spouse did something wrong because the judge won’t consider the other party’s misconduct when granting the divorce. However, both spouses have to agree to incompatibility.
If a spouse denies the claim, you’ll be forced to use one or more of the grounds for divorce.
What Is a Fault Divorce?
In many US states, courts still allow spouses the use “fault” as the reason for a divorce. In such a divorce, the party filing for divorce can argue that the other party did something that caused the failure of the marriage.
Contact an experienced, personal family law attorney today.
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I highly recommend Dmitriy Borshchak to anyone going through a divorce. He helps navigate you through the process, gives you the information you need to make decisions, and keeps it moving. Thanks Dmitriy
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100% recommended, attorney Jonathan Pope is a great family lawyer and professional, he took my case and carefully listened and provided a thorough explanation about the process. After the case was submitted attorney Jonathan Pope kept me posted in every stage of the process and he made sure my child’s interest and mine were covered by efficiently reaching an agreement taht was beneficial for both parties.
Grounds for divorce
Like in most states, you must have a legal reason for divorce in Ohio. This reason is referred to as “grounds” for divorce.
Some legal grounds will most likely lead to legal arguments than others. If your partner disagrees with your legal grounds, you’ll have to prove even one of them in court. This process can be complicated since you’ll need to submit evidence and find witnesses to prove that at least one of the grounds is true.
Some recognized grounds under Section 3105.01 of the Ohio Revised Code include:
Some legal grounds will most likely lead to legal arguments than others. If your partner disagrees with your legal grounds, you’ll have to prove even one of them in court. This process can be complicated since you’ll need to submit evidence and find witnesses to prove that at least one of the grounds is true.
Some recognized grounds under Section 3105.01 of the Ohio Revised Code include:
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Gross neglect of duty
The definition of neglect under Ohio law is when a spouse neglects the marital duties of "respect, fidelity, and support." The neglect has to be severe that it dramatically affects the marriage. -
Extreme Cruelty
This can mean mental or physical cruelty and is described as a treatment "that makes it unsafe or improper for the parties to reside together as man and wife." The difference between cruelty and "incompatibility" is that cruelty involves abuse, particularly emotional, physical, or financial. -
Adultery
The court considers adultery a "fault ground," which means that one spouse's misconduct led to divorce. -
Bigamy
This is when one spouse is married without legally ending their past marriage. It is also considered a crime in the state of Ohio. -
Willful Desertion
Also known as abandonment. In Ohio, when one spouse leaves and stays apart from the other for one year without consent, it is considered desertion and is a fault ground for divorce. -
Fraudulent Contract
Marriage is considered "fraudulent" when your spouse gave misleading representation, hid essential information, including debts, assets, etc., or if you were threatened or forced into the marriage. -
Habitual Drunkenness
Under Ohio law, occasional drunkenness is not enough to be defined as habitual intoxication. Hard as it may, you must prove that your spouse is an addict or habitual drunkard. -
Imprisonment
Imprisonment of a spouse for over a year is a legal ground for divorce. -
Procurement of a divorce outside the state
When a spouse has procured a divorce outside the state and is released from marital obligations while the other party is still under those obligations, the affected party has a ground for divorce. -
Separate living without cohabitation
If you and your spouse have lived separately and without cohabitation for even a night for the past year, you have a ground for divorce.
Divorces are often unforeseen and uncomfortable. But knowing your legal options can help reduce some of the potential issues during the process. We have years of experience and success as divorce attorneys in Colombus, Ohio.
How Fault Impacts Divorce
In Ohio, apart from granting a divorce, courts may consider fault as a factor in one or more of the following:
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Division of property
The court may consider either party's misconduct as a factor in marital dividing property. For instance, if one party wasted marital funds on activities that were not of the family's benefit, such as an extramarital affair, the court may give the innocent party a greater share of the property.
Ohio statutes have defining factors for separate and marital property.
Marital property includes any property acquired during the marriage, including personal property, real estate, retirement plans, and intangible property like bank accounts, stocks, and bonds. Marital property can also include an increase in the value of the separate property as a result of either spouse's contribution or labor.
Separate property is all personal, real, and intangible property acquired and owned before the marriage; property from an inheritance; or appreciation or income from a separate property that was not from the marital contribution of either spouse during the marriage. It also includes a settlement for personal injury, except if any part of the settlement compensates for damages or lost wages during the marriage or medical bills for the injury covered by marital funds. A gift received after the marriage date, if proved to have been made to only one party, can also be considered.
By applying appropriate case laws and statutory laws, the court determines what is considered marital property. This is equally divided unless otherwise explained in writing that an equal property division would not be fair to one party.
The court can also make a distributive award involving a separate property of either spouse to the other for a fair result. For example, when a spouse is found guilty of financial misconduct such as dissipating funds, hiding property, or fraudulent disposal of funds, the court may make a distributive award from the separate property of the guilty spouse or a greater award from the marital property to compensate the other spouse. -
Awarding spousal support or alimony
Alimony, or spousal support in Ohio, is an amount that one spouse gives to the other for financial support during and or after the divorce. This support is intended to ensure that both parties can cover ordinary expenses and also maintain a lifestyle nearly similar to the one they got accustomed to during the marriage.
As with most issues in a divorce process, spouses can agree on the details and terms of support and present it to the court. However, alimony isn't automatic in Ohio; therefore, when parties can't agree, the court decides if the requesting party qualifies for spousal support and, if so, how much and for how long. -
Allocating parental rights
Previously, Ohio courts granted child custody to one spouse or the other. But currently the court divides parental rights and responsibilities between both parents based on the best interest of the children considered minors. Shared parenting does not necessarily mean equal time-sharing.
The spouses can submit a parenting plan for shared parenting to the court for review and approval. The court can accept the plan, request an amendment, or deny the plan.
Without a plan, the court will allocate responsibilities between the parties naming one spouse as the legal custodian and sole residential parent and granting the other appropriate parenting rights.
Upon the request of a parent, the court must talk to the child privately about their wishes regarding parenting arrangements. The court may also appoint a guardian for the child to investigate the circumstances and report back. However, the court simply considers but is not bound by the child's wishes or the guardian's recommendation.
Additional factors considered during a divorce are the child's mental, psychological, and emotional development, adjustment to the new home, community, and school, and the child's interaction with siblings, parents, and other important persons. If one parent is abusive, the court may deny parental rights to that spouse and grant the other sole custody. The court may also consider relocation when allocating parental rights such as custody or visitation. -
Determining child support
For a divorce involving minor children who have not yet reached the age of 18, the court must consider child support issues.
Ohio law uses child support guidelines to calculate child support. The amount of child support is determined by the set basic schedules depending on the number of children and the total gross income of the parents combined as well as other factors like credit. Costs of medical cover and necessary child care are considered, and the resulting support obligation is divided according to each parent's income percentages to their total combined annual income.
While the amount of child support calculated using these factors is presumed appropriate, the court can deviate from the basic charts when the calculated amount is inequitable and isn't in the child's best interest.
Dissolution of Marriage in Ohio
In some cases, Ohioans are allowed to end their marriage through dissolution, often used interchangeably with “divorce” in many states. However, in Ohio, dissolution is a separate process with a different meaning from divorce.
Filing for dissolution of marriage in Ohio requires that you and your spouse must have resolved all your issues, including the designation of a residential parent, visitation, parental rights, child support, division of property, spousal support, and payment of debts. And you must include the terms of the resolution in a written agreement.
When an agreement is reached, the couples present the written settlement in court together with a petition to dissolve the marriage. The court will hold a hearing within 30 to 90 days after filing, where both parties must appear in court and testify that “you voluntarily entered into the separation agreement; are satisfied with its terms; made full disclosure of assets and liabilities; and, are seeking dissolution of the marriage.” The court must then approve the agreement.
Remember, if either party decides to contest one or more issues during the process, it is legally right in Ohio to apply and convert the dissolution to a divorce complaint. Similarly, if you filed for a divorce and later settled all issues, you can also apply to convert the divorce to a dissolution.
Your Responsibilities as a Client of the Law Office of Dmitriy Borshchak
Because our divorce attorneys will present your case and requests to the court, you have to uphold some responsibilities as a client.
- Maintain clear communication with your attorney, including your priorities and wishes.
- Don't leave it to us to guess. Work with us to help determine where to stand firm and where to be flexible.
- Remember to be open and truthful, as untruthful information will result in more penalties by the court.
- Contact us and rely on our experience to guide you through such an emotional and challenging process.
