Divorce Case in Ohio
Did your spouse just serve you with a complaint for divorce? Are you asking yourself right now, “why would my spouse call me extremely cruel?” Watch the short video to get a brief explanation of the grounds for divorce from Ohio Divorce Attorney Ken Sheppard Jr. and learn what each complaint that has been filed against you implies.
Divorce is only possible through a formal legal process, which can be sensitive and complicated. Schedule a free consultation with our Columbus family law firm today, and we will provide you with compassionate guidance and aggressive representation of your legal needs.
What is Divorce?
Divorce is a legal process that dissolves a husband and wife’s marriage. Each party may get married again if they want to once the divorce is finalized.
Divorce is governed by laws known as divorce laws. A divorce decree is a final court decision that includes a judgment and order officially ending the marriage.
A person must have lived in Ohio for at least six months and the county where they’re filing for at least 90 days before they can file for divorce. Additionally, if your spouse has resided in Ohio for at least six months, you may file for divorce before the required six months have passed. This is the residence requirement for divorce in Ohio.
Grounds for Divorce
In Ohio, you need to provide a legitimate basis for your divorce. The “grounds” for the divorce are referred to as this reason. Grounds provide the legal justification for dissolving your marriage. They have no bearing on determining child support or the distribution of assets and debts.
As explained by Columbus Divorce attorney Ken Sheppard, there are two types of divorce grounds. They are fault grounds and no-fault grounds. No-fault grounds include incompatibility and living separate from one another without cohabitation for more than a year; you will typically see incompatibility listed in a complaint. You will also see a fault ground in addition to incompatibilities, such as adultery, extreme cruelty, or gross duty neglect. The fault grounds are listed because the plaintiff must establish the fault ground if the parties cannot agree on a no-fault basis.
Gaining a Better Understanding of the Fault and No-Fault Grounds
A no-fault divorce is an option when both partners agree on all relevant matters, including child custody, child support, property distribution, alimony, and the like.
If a couple can agree, the no-fault divorce option enables them to expedite the entire divorce procedure while saving both sides a significant amount of money. Again, a person or their spouse must have lived in Ohio for at least six months to petition for divorce; however, they may do so in any county.
In a fault divorce, the spouse requesting the divorce must provide a reason for the divorce’s approval. The following are the grounds for a fault divorce in Ohio:
- Incompatibility, but only if both partners agree
- The other spouse’s voluntarily leaving for at least a year
- Extreme cruelty
- Habitual drunkenness
- Not providing financial support for the spouse
- The other spouse imprisoning one of the partners
Why Would My Spouse Call Me Extremely Cruel?
The term “extremely cruel” refers to behavior toward a spouse that includes physical violence or threats of such, acts intended to disrupt the spouse’s health or peace of mind, or acts intended to destroy the purpose of the marriage. It is a ground for divorce based on the extreme cruelty of a spouse.
You must state in writing that your spouse engaged in behavior that you find unreasonable if you want to file a complaint for extreme cruelty. The criteria for determining whether their actions are irrational are subjective.
Children Involved in Divorce Cases
There may be a variety of legal issues when there are children involved. Conflicts over child custody and whether one spouse will assist the other financially are examples. Parents going through a divorce in Ohio are encouraged to file a parenting plan.
The spouses might specify their child custody and visitation choices in this plan. The court evaluates various elements to determine if the parenting plan is in the child’s best interests.
The court considers several things, including the child’s basic needs and wishes regarding custody, the parents’ criminal backgrounds, any incidents of abuse or neglect, and the parent’s mental and physical health. The court may also order one or both parties to attend parenting classes or counseling before accepting any parenting plan or settling on a new custody arrangement.
Because one parent may be obligated to pay support to the other parent if the other parent has sole custody of any children, child support and custody go hand in hand.
The purpose of this provision is to give the noncustodial parent a chance to fulfill their obligation to support the children financially, including meeting their need for health insurance and other similar requirements.
Contact Sheppard Law Offices Today!
Divorce is a significant issue that can have a wide range of effects on your life. Having Sheppard Law Offices represent you may be in your best interests. Your rights and obligations concerning the divorce will be discussed with you by our Columbus family law attorney, who also handles divorce cases. We will also ensure that all necessary paperwork is filed and finished appropriately.
If your case proceeds to a trial, we can also represent you there. With a knowledgeable Ohio divorce attorney on your side protecting your interests, you have the best chance of obtaining the best result. Call our law office today and schedule your free consultation wherever you are in the following areas of Ohio state:
- Mount Vernon