Given the high rate of divorce in Ohio, relevant details on the grounds for divorce and the procedure may be worth discussing. Divorce attorneys state that anywhere between 55 to 80 out of every 100 marriages end in divorce in Ohio. As far as first marriages are concerned, one in three marriages end within ten years and one in five will end within five years, the average duration of second marriages being even lesser.
How many of these marriages could have been saved with a pre-marriage class? The second marriage probably does not last that long because it is rushed. One side wants to prove they can marry successfully to prove their ex is wrong which only leads to another divorce.
There are three different ways of ending a marriage, according to Dayton Ohio divorce attorneys, namely, divorce, dissolution, and annulment.
Grounds for divorce
A divorce is a court judgment that pronounces that the marriage is legally terminated. The grounds for divorce could be “no fault” or “fault”. Incompatibility or living separately without cohabitation for a year constitute a no fault divorce, while bigamy, adultery, extreme cruelty, habitual drunkenness, negligence of duty, imprisonment at the time of filing for divorce and so on are some of the faults that could be grounds for divorce in Ohio.
It is possible to procure a divorce without a lawyer.
However, the tedious process of furnishing requisite documents usually necessitates the services of a divorce lawyer. Visit www.dinsmorestark.com for more information on helping you make a wise decision.
Grounds for dissolution and annulment
Dissolution is where the parties concerned reach an agreement on all terms of the marriage, including custody, division of property, and other concerns without the court’s involvement. There are no grounds as such in dissolution since all terms are already agreed upon, and the court merely approves the decision. This is a faster and economical process, as compared to going to trial.
Annulment is a declaration that the marriage was illegal and never existed. Some of the grounds for annulment include underage at the time of marriage, bigamy, mental instability, fraudulent marriage or failure to consummate the marriage.
According to Dayton Ohio divorce attorneys, the law mandates that to be eligible to file for divorce, you must have resided in Ohio for at least six months. A plaintiff who satisfies this condition files a complaint, which also includes details of the marriage, the names and birth dates of children, and the details of the grounds under which the claim for divorce is made.
The complaint is then served to the defendant by the plaintiff, or the court publishes the same in the newspaper. The defendant then responds to the complaint by either admitting or denying the complaint. There could be counter claims, objections, or a defense raised.
A pre-trial is usually ordered by the court to see if a resolution that is mutually acceptable can be reached, and if this cannot be done, the trial date is then set. However, there are no jury trials in Ohio, the judge hears the evidence and the divorce decree is then given. The divorce process begins 30 days after a complaint is filed and the hearing takes place within 90 days of filing.
For dissolution, a separate agreement that includes property distribution, custody, spousal support, and child support and other relevant details must be signed by both parties. To obtain an annulment, any of the applicable grounds must be proven by the plaintiff within two years of discovering the same.