Divorce

About Divorce

Divorce is the separation of not just two people, but two families. Let my Columbus law firm handle your case with dignity and respect.

Ending a marriage in Ohio can come in many different forms. The 4 options include:

  • Divorce
  • Dissolution
  • Annulment
  • Legal Separation

Divorce

For most people a divorce or dissolution is the correct choice. Divorce might be the more popular option, if only because people ending their marriage tend to disagree about at least one aspect of their parting. According to ORC 3105.01, grounds for divorce include:

  • Either spouse was still married to another living person
  • Willful absence of spouse for one year
  • Adultery
  • Extreme Cruelty
  • Consent to marry obtained by fraud
  • Gross neglect of duty
  • Habitual drunkenness
  • Procurement of divorce outside Ohio by the other party
  • Imprisonment in state or federal correctional institution
  • Voluntarily lived apart for one year
  • Incompatibility

One term that is thrown around is no-fault divorce. This simply refers to citing either: lived apart for one year, or incompatibility as your grounds for divorce. It is often better to obtain a no-fault divorce because divorce proceedings are a matter of public record. Exposing embarrassing personal information of either party can have unintended consequences, keeping the other spouse from moving on to their new life.

Dissolution

The third option, dissolution is probably best if it can be had. Dissolution requires no statutory grounds. It is simply an agreement between the two parties to end their marriage. It is an often quicker and easier process than divorce. The parties however most agree to almost every aspect of their separation in a separation agreement. According to ORC 3105.63, separation agreement provisions must provide for at a minimum:

  • the division of property
  • spousal support
  • (if children) custody and visitation rights of both parents

Annulment

The last two choices are not especially helpful to most people. Annulments may only be had under very limited circumstances. According to ORC 3105.31, grounds for annulment include:

  • Marrying someone who is underage
  • Either spouse was still married to another living person
  • Either spouse is mentally incompetent
  • Consent to marry was obtained by fraud or force
  • The marriage was never consummated

Legal Separation

It should be clear that these circumstances will not apply to most people. Likewise, legal separations will not be helpful to most people. According to ORC 3105.17, grounds for legal separation are essentially the same as divorce, minus the procurement of a divorce outside the state. Essentially a legal separation settles all of the issues that a divorce would, such as property division, spousal support, and visitation and custody of children, but leaves the marriage in tact. Reasons people might consider a legal separation include:

  • Not meeting the 6 month residency requirement
  • Personal or religious objections to divorce
  • Needing spouse to be responsible for financial support, health care, etc.

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Contact an established Columbus divorce lawyer at my Grove City office if you need assistance with your divorce, dissolution, legal separation, or annulment. Now serving Franklin, Madison, Pickaway and Fayette counties. Now accepting cases in Columbus, Grove City, London, Washington Courthouse, and Circleville.