If you wish to divorce your partner in Montgomery County, OH, you have different divorce options, including no-fault and fault-based divorce. Before you proceed with a fault-based divorce, you need to understand what grounds apply to this type of divorce and if it is worthwhile for your situation.
Are you ready to proceed with your divorce case in Montgomery, Ohio? Check out this article where we will be discussing states with fault-based divorce and how you can file for divorce in Ohio.
Fault-Based Grounds For Divorce in Montgomery County
Ohio is one of several fault-based divorce states, allowing residents to file for fault-based divorce if one spouse is primarily at fault for the break up of the marriage. When you file for fault-based divorce, you have to provide established grounds that prove that your spouse is the one at fault. These grounds will look a bit different depending on the area, but in the state of Ohio, these grounds include the following:
- Marriage to another person
- Willful abandonment of the marriage for at least a year
- Fraudulent contract
- Neglected marital duties
- Alcoholism or drug abuse
- Long term imprisonment
- Extreme cruelty or abuse
- Adultery
When you file for fault-based divorce, you can claim more than one of these grounds, but you have to prove at least one of them. You may choose to list several grounds, as this can help to support your petition, especially if one of them is particularly difficult to prove. For example, the grounds of willful abandonment and the neglect of marital duties both support each other.
No Fault-Based Divorce
Because we are discussing fault-based divorce, it is also essential to discuss no-fault divorce since it is the more popular option. When you choose a no-fault divorce, you do not have to prove that one spouse was at fault or implicate any kind of bad behavior. A no-fault divorce just requires that both spouses agree that they are incompatible or have irreconcilable differences.
If one spouse will not agree to irreconcilable differences or incompatibility, the only way to get a no-fault divorce is to live apart without cohabitation for at least a year.
In most situations, a no-fault divorce will resolve faster than a fault-based divorce, as you do not have to provide proof that someone was at fault. These divorces also tend to be less stressful and don’t require as much communication with the other spouse.
Dissolution of Marriage
Another option you have if you want a divorce in Ohio is a dissolution of marriage. This is when you choose an uncontested divorce, which is usually the easiest and fastest route.
Both spouses will have to attend a petition for dissolution hearing and must agree on the reasons for the end of the marriage. Because dissolution of marriage cases are straightforward and both spouses have already reached an agreement, they can usually finalize it as little as 30 to 90 days after filing the petition.
Is Fault-Based Divorce Worth it?
Many Ohio residents may be hesitant to file for fault-based divorce since it can come with some drawbacks that you don’t have to deal with when you choose no-fault divorce. For instance, fault-based divorces last longer and, because of this, will also cost more as attorney fees stack up. However, it could be a good way to pursue validation and justice if you want to hold your spouse accountable for their actions.
Fault-based divorce can also help you when it comes to the distribution of property, as well as protecting children if you believe they are in danger. Fault-based grounds allow you to bring up realistic concerns if your spouse is abusive, neglectful, or has addictive behaviors that could negatively impact or endanger any children involved.
Before deciding if you should pursue fault-based divorce, you should first discuss your options with a divorce attorney in Ohio. They will be able to examine your specific situation and instruct you on the best option to get the desired outcome.
Filing For Fault-Based Divorce in Montgomery County, Ohio
The most important thing to understand about Ohio divorces is that there is a residency requirement for the person who files the complaint. To file for divorce in Ohio, you have to have been a resident of the state for at least six months before you file your complaint.
Depending on the situation and the type of divorce, you will need to file different forms, such as a complaint for divorce, a statement of property and debt, and a statement of basic information, income, and expenses. Whether you are filing a dissolution of marriage, no-fault divorce, or fault-based divorce, these basic forms will usually be the same. A divorce attorney can help you figure out what forms you need to fill out and can ensure you fill them out correctly with all the information that is required.
Once you have filed the divorce paperwork, you will need to provide a notice to your spouse, which you can do by asking the court to serve them with the paperwork. You should also be prepared to pay the divorce filing fees, which are usually around $300 to $400. You may be able to ask the court to waive these fees if your income is 187.5% below the federal poverty limit.
A divorce case will usually take around four months to be resolved but it could take up to two years depending on the situation, the grounds for divorce, and whether or not there are disagreements along the way. A divorce attorney can help you avoid wasting time by ensuring you file the divorce paperwork correctly and by acting as a mediator.
Why You Need to Hire a Divorce Attorney in Ohio
Have you decided to file for fault-based divorce in Montgomery County? Richard P. Arthur, Attorney at Law, can help you navigate this process and decide if it is the best solution for your situation. Richard P. Arthur has handled hundreds of Ohio divorce cases and can help you get the best possible outcome. Contact us today at 937-254-3738 for a consultation.
