SKILLED IN DIVORCE CASES
Just as marriage is a decision that will change your life, so is divorce. However, while divorce may be just as significant in terms of a lifestyle change, it’s usually a process that’s fraught with stress, anxiety, and contention. At the law offices of Groth & Associates, our Sylvania divorce lawyers know that when you’re ending your marriage, the thing that you need most is an advocate on your side who you can trust to lend support throughout the process. If you’re filing for a divorce or have recently been served with a divorce petition, call our Sylvania divorce lawyers today for the guidance and legal support you can count on.
For a legal consultation with a divorce lawyer serving Sylvania, call (419) 930-3030
RESIDENCY REQUIREMENTS FOR DIVORCE
Before you can get a divorce in Sylvania or anywhere else in Ohio, you or your spouse will need to satisfy the residency requirements. In Ohio, at least one spouse must have lived in the state for at least six months prior to filing. If you don’t meet the residency requirements, you’ll need to wait.
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GROUNDS FOR DIVORCE
Another consideration if you’re the party who is filing the petition for divorce is the grounds on which you’ll base the petition. Most people file for a no-fault divorce in Ohio, which means that rather than claiming that either party has done something explicitly wrong that’s caused the failure of the marriage, you are stating that an irretrievable breakdown of the marriage has occurred. As found in Ohio Revised Code Section 3105.01, a no-fault divorce will be granted when the husband and wife have lived separate and apart without interruption for a period of no less than one year, or when one party is claiming “incompatibility,” and the claim is not denied by the other party.
In addition to no-fault grounds, there are also a handful of fault-based grounds for divorce in our state. Fault grounds for divorce include:
- Bigamy or polygamy;
- Willful absence/abandonment of at least one year;
- Extreme cruelty;
- Fraudulent contract;
- Gross neglect of duty;
- Habitual drunkenness; and
- Imprisonment in a federal correctional institution.
Pursuing a fault-based divorce may have some reason when filing for a fault-based divorce could impact a court’s decision regarding child custody or division of property. For example, if a spouse has been imprisoned or deemed a “habitual drunk,” this could be used to sway a child custody court judge in favor of the other parent. Because fault-based divorces are more complicated, though, it’s important to discuss this possibility with an attorney before proceeding.
TYPES OF DIVORCE: CONTESTED VS. UNCONTESTED
There are generally two types of divorce in Ohio: contested and uncontested. These terms do not refer to whether or not the act of divorce is in itself contested, but rather if how the divorce should be settled is contested. When a divorce is uncontested, both parties agree to the terms of the divorce; the contrary is true in contested divorce cases.
Filing for an uncontested divorce in collaboration with your spouse has many benefits – namely, that the divorce process will be expedited. In addition to being quicker, uncontested divorces are also less expensive and tend to result in fewer hurt feelings between the parties.
When a divorce is contested, parties will need to attend mediation in order to attempt to reach a settlement. If mediation fails, then the divorce may end up in litigation, which is expensive, time-consuming, and often very emotional for all involved.
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WAITING PERIOD FOR DIVORCE
If a couple is filing for an uncontested divorce and they have jointly filed a petition for dissolution (divorce) and have both signed a separation agreement that addressed all issues in the divorce (discussed in more detail below), then the court will schedule a hearing on their case. There is a mandatory 30-day waiting period from the date that the petition is filed, but the court must hear the case within 90 days of the filing.
If a divorce is contested, then the process of finalizing a divorce may take much longer, particularly if the divorce ends in litigation.
ISSUES TO RESOLVE IN A SYLVANIA DIVORCE
As mentioned, before a divorce can be finalized, all of the issues in a divorce must first be settled. Issues to resolve in a Sylvania divorce include:
- Division of property, including the division of debts, which must be done in a manner that is “equitable”;
- Child custody, which will require parents to form a parenting plan discussing parenting time and obligation of each parent;
- Child support, which is mandatory to ensure that both parents are satisfying their financial obligations to their child(ren); and
- Alimony/spousal support, which the court may find appropriate when one party in the marriage has been financially dependent on the other.
Couples are encouraged to work together to resolve these issues. If a resolution cannot be reached, the parties have the right to ask the court to issue a judgment following litigation.
THE ROLE OF A SYLVANIA DIVORCE LAWYER
The primary responsibility of a Sylvania divorce attorney is to ensure that their client’s best interests are both promoted and protected throughout the process. At the law office of Groth & Associates, our lawyers will help you by reviewing the details of your case, handling all document and petition filing, gather evidence to support your case, advising you of your interests and best strategy, representing you in negotiations and mediated sessions, helping you and your spouse to reach a settlement, representing you in litigation if necessary, and more. Our goal is to represent you in a way that results in a settlement that you are happy with.
CALL OUR SYLVANIA DIVORCE LAWYERS TODAY
If you are filing for a divorce or have recently had a petition for divorce filed against you, it’s important that you find a good divorce lawyer. Our lawyers have years of experience and a reputation for excellence, and we truly care about our clients. To learn more or to schedule a consultation, call our Sylvania divorce lawyers directly today. We are here to serve you.