Divorce Basics

Divorce Basics: Answers to Some of the Most Frequently Asked Questions About Divorce

If you’re considering divorce, you probably have a lot of questions you want answered before you can feel confident moving forward with the process. Our latest blog is intended to help you answer some of the questions. Read on to learn more. If you still have questions or concerns after reading this article, we encourage you to contact a Columbus divorce lawyer at our office to learn more.

Do I need grounds for divorce?
The state of Ohio recognizes both fault and no-fault grounds for divorce. Typically, fault grounds are used when one spouse wishes to gain advantage in a heated child custody battle; a disputed alimony issue; or another unresolved matter related to the divorce.

Do I have to be a resident of Ohio to get divorced here?
According to Ohio law, at least one spouse must be a resident of the state for at least six months before a married couple can legally file for divorce.

Is there a difference between divorce and dissolution?
Yes. Dissolution can only be reached if both spouses can agree upon all matters connected to ending the marriage, i.e.property division, child custody, alimony, etc. When a mutual, amicable decision cannot be reached on matters of this nature, divorce will be necessary. In such cases, one spouse will file for the divorce, and the court will make an ultimate determination on the unresolved issues at hand.

What will happen to property shared between my spouse and myself?
Typically, marital property is divided equally between each spouse. Even in cases where one spouse earned more money than the other, the couple’s total marital assets will be divided equally. There are, however, exceptions. For example, if the court determines this method to be unfair given the circumstances of your case, equitable distribution may be used instead.

How will the divorce impact my children?
In all divorce-related matters, Ohio courts will always rule in the best interests of the children. Shared parenting time, child support, custody issues, etc. will all be determined by what the court deems to be best for the child(ren) involved. Common factors taken into consideration at the time of divorce will be: the child’s specific wishes, within reason; each parent’s preference, within reason; the child’s home and social environment with each parent; the mental, physical, and emotional stability of each parent; and more.