Your Guide Through The Divorce Process
At DeBra Law, LLC, we are personally invested in every case and genuinely care about the success of each client. When you are facing the many challenges of a divorce, you can depend on the knowledge and experience of our divorce attorney to help you get through this tough time.
To schedule a consultation, please call us in Cincinnati at 513-548-5920 or complete our contact form. We provide strong, reliable representation to clients in Hamilton, Warren, Clermont and the surrounding counties.
Divorce Vs. Dissolution In Ohio
You also have the option to file for a dissolution, which is not the same as a divorce.
- Divorce – Traditional divorce is necessary for contested cases where the two parties are unable to agree on one or more areas of the divorce, such as property division, child support, custody, or spousal support. These cases must be taken before a judge, who will decide on the terms of the divorce.
- Dissolution – An alternative to divorce that has the same end result, but eliminates much of the time and cost of divorce. Dissolution is only available to couples who are able to agree on every part of their divorce agreement without the involvement of a judge. The two parties will draft their own settlement agreement, present it to the court along with a petition for dissolution, then attend a hearing 30 to 90 days later, where a judge will finalize the dissolution as long as both parties are still in agreement.
How Assets & Liabilities Are Divided In A Divorce
In Ohio, assets that have been acquired by a couple during their marriage are considered marital property. All property that falls under this category is divided equitably between the spouses in the event of a divorce. Exceptions to this include gifts or inheritances given solely to one spouse during the marriage, or when a couple has created a premarital agreement that contains directions for how certain property is to be distributed.
Often the equitable division of marital property is equal, but not always. If there is the presence of any financial misconduct, a judge may rule to divide the assets unequally to compensate the harmed spouse.
The misuse of financial resources can take place in a variety of ways, including:
- A spouse loses a significant amount of money to gambling debts
- A spouse purchases illegal substances
- A spouse uses marital money to entertain or purchase gifts for a lover
- A spouse fails to disclose some assets during divorce proceedings
An individual who can prove that his or her spouse was misusing the couple’s assets can be reimbursed up to one-half the amount misused.
Grounds For Divorce In Ohio
When it comes to grounds for divorce, Ohio is a “hybrid state.” You have the option to file for a no-fault divorce, a fault-based divorce or for dissolution.
To file for a no-fault divorce, you only need to prove that you and your spouse have lived apart for a year and that you are no longer compatible. For a fault-based divorce in Ohio, you can file for divorce based on:
- One person having a living spouse at the time of the marriage
- One spouse’s willful absence from the marriage for at least a year
- Extreme cruelty
- A fraudulent marriage contract
- Gross neglect of marital duty
- Habitual drunkenness
- Imprisonment of one spouse
- Either spouse receiving a divorce outside of Ohio
Minimum Residency Requirements
If you recently moved to a different county or state, you may not be able to petition for divorce right away. To file for divorce in Ohio, at least one spouse must have resided in the state for at least six months prior to filing. In addition, one party is required to live in the county where he or she files for a minimum of 90 days.
Is Adultery Illegal In Ohio?
Clients often wonder if adultery is illegal in Ohio. While adultery is not illegal, it is grounds for divorce. If you file for divorce on the grounds of adultery, you will be expected to provide proof of the affair. This can be documents, photos, or other evidence.
Though adultery doesn’t often impact child support, it can impact custody decisions. It can also impact spousal support. In Ohio, courts can consider anything they deem relevant when making a decision pertaining to alimony. So marital misconduct can potentially impact spousal support payments.
Contact DeBra Law, LLC
To arrange a consultation, please call 513-548-5920 or complete our contact form. Our divorce lawyer in Cincinnati can provide you with straightforward, effective counsel about your legal rights and responsibilities — and help you lay the foundation for a brighter future.