Though the prospect of having to go through a divorce isn’t one that most women entertain when they get married, the risk is always there. Indeed, Ohio couples who have reached the age of 50 or over arechoosing to divorce more and more frequently, with divorce increasing by a factor of three in Ohio couples over the age of 65. While further analysis reveals that divorce rates in Ohio have fallen in younger couples, most young women are waiting longer before choosing to marry; a factor that clearly affects the context of the data.
More findings of interest relate to divorce and pregnancy in Cincinnati. According to aScottsdale divorce lawyer,“an integral component of any divorce with children is a court enforceable joint parenting plan”.While Ohio law doesn’t officially give any judge the authority to refuse a divorce on the basis of pregnancy, it seems that the system isreluctant to allow couples to divorcewhile the wife is pregnant to ensure that child support will be established and to save the parents from going through a second court action to establish parental responsibility in the future.
Although Ohio is by no means leading the way in terms of high divorce rates – with that present title going to Detroit in Michigan – it still ranks fairly highup on the list. With this in mind, we’ve decided to share some of the basic features of Ohio Divorce Law with you in this post. Hopefully, it will help to orient you a little during what is bound to be a troubling time full of change.
1. Fault-based divorce
Ohio remains one of the few states in the U.S. that still allows fault-based divorces. This is when either you or your partner chooses to file for a divorce due to the actions of the other. In Cincinnati and across the state, grounds for fault-based divorce can include the following: adultery, extreme cruelty, gross neglect, imprisonment, drunkenness and willful absence which has lasted more than a year. When a fault-based divorce is granted it can impact on property division, alimony and child custody.
2. Collaborative law
Collaborative law simply offers you and your divorcing spouse the means of reaching an amicable agreement outside of court. It’s a process during which you will both work closely alongside your respective lawyers, which meanschoosing a good divorce lawyer is keyand is one of the options available to you when divorcing in Cincinnati.
3. Will I have to go to court?
Divorces that remain amicable significantly reduce the need to attend court, as lawyers are then able to attend court on their clients’ behalf. However, even if you are in the middle of a no-fault divorce, you will eventually need to appear before the judge and testify to confirm that you are in agreement with the outcome as laid out. If your divorce is less than amicable, however, you may have to attend various court hearings and even be prepared to go all the way to trial.
4. Am I eligible to file for divorce in Ohio?
If you are legally married and you’vebeen living in the Cincinnati area or elsewhere in the state for at least six months, you are eligible to file for a divorce under Ohio state law. These rules equally apply to couples in same-sex marriages, following the Obergefell / Hodges U.S. Supreme Court’s case.
5. Equitable distribution
Under Ohio state law, marital property and assets are divided according to equitable distribution rules. It’s important to clarify that “equitable” doesn’t always mean “equal”. A number of factors are taken into consideration – including financial loss due to gambling, or marital funds that were spent on an affair – before the judge can make a fair decision as to how funds, assets and property gains are to be shared.
6. Children and sole custody
In general, Ohio state law favors joint custody over sole custody. Most courts lean towards offering both parents some share in the parental rights and responsibilities of all children involved. However, sole custody can be awarded to one of the parties if it can be unequivocally proven that this would be in the best interests of the children.