Divorce in Ohio is a fault based system, in other words, one spouse is found to be "at fault" in bringing about the end of the marriage. Ohio provides eleven reasons for obtaining a divorce. Select which reason(s) apply to your situation and your are eligible for a divorce in Ohio.
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What a divorce accomplishes
When a man and a woman are married, their legal relations to each other and to the State of Ohio is altered. The ramifications are many and far reaching including their participation in many government programs and taxation, to name just two areas. A divorce decree is an order by the court that a marriage contract be dissolved and that both parties be released from their obligations. Divorce is the process of separating the joined two individuals and realigning their once joined obligations between them. The decree and/or separation agreement made a part of the decree disposes of all property, child and spousal support, and any other matters between the parties. While the usual divorce will be completed within six months, the continuing affects of this realignment may span decades with further court involvement along the way.
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Select your reason(s) which you believe establishes your eligibility for a divorce.
Divorce in Ohio is fault based, that is one party is found by the Court to be at fault regarding one of eleven statutory grounds, which are:
1. Either party had a husband or wife living at the time of the marriage from which the divorce is sought
2. Willful absence of adverse party for one year
3. Adultery
4. Extreme cruelty
5. Fraudulent contract
6. Any Gross Neglect of Duty
7. Habitual Drunkenness
8. Imprisonment of adverse party in a state or federal prison when the petition is filed
9. Procurement of a divorce outside Ohio, by husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while such obligations remain binding upon the other party
10. Living separate and apart, without cohabitation, without interruption, for one year
11. Incompatibility, unless denied by the other party
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What documentation will I need to prepare for my divorce?
The documentation will vary depending upon your circumstances. As a general guide, you should gather any documents which reflect either an asset or obligation you or your spouse has. These include:
* Deeds and leases to realty with any mortgages
* Financial accounts; savings/checking, CDs, annuities, etc.
* Life insurance policies
* Titles to vehicles, boats, etc.
* Retirement accounts, either individual such as IRAs or corporate types such as pensions and 401Ks
* Stock certificates, investment bonds and similar investment vehicles
* Current incomes; demonstrated by recent pay check stubs, bank invoices, employer statements or tax returns if self employed, disability payments, unemployment compensation
* Income Tax returns for the past two tax years
* Any regular and recurring bills, such as utilities
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What is a separation agreement?
Finally, your Separation Agreement will usually include many items you and your spouse have agreed upon. This comprises the terms of your divorce. These terms are subject to the laws of the State of Ohio, for instance, child support is regulated by law as to the amount, method of payment, and duration, to name a few. Your attorney will assist you in formulating your Separation Agreement and will draft the final Decree in most cases. Any items which cannot be agreed upon with your spouse may be tried to the court, and the court's decision will be included in the Decree.
It is recommended that you obtain legal counsel in any divorce proceeding. It has become popular to attempt to handle one's own divorce without the assistance or advice of counsel. [called Pro Se] Be aware that your rights and obligations may be irrevocably harmed by improper handling of your case, and that the court's personnel are not permitted to provide legal advice.
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