Divorce Attorney, Columbus, Ohio

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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.

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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Over 75 Reviews of 4.8 Stars

Rony R.
Rony R.
3 months ago
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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
Efrain T.
Efrain T.
6 months ago
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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:

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.

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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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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.

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