December 16, 2015

Ohio Uncontested Divorce

Written by Erb Legal LLC

Category: Divorce

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(330) 446-3606

Avoid bickering with an Ohio uncontested divorce

Ending a marriage in Medina, Brunswick and Wadsworth, Ohio, can be accomplished through divorce or dissolution. People usually associate a divorce proceeding with arguments and disputes over financial and child custody issues, but this does not have to be the situation in all cases. Couples who can come to an agreement on all of the essential issues that must be resolved between them before submitting the case to the court can obtain either an uncontested divorce or a dissolution terminating the marriage.

Divorce and Proving Fault in Ohio

A divorce terminates a marriage. Obtaining a divorce in Medina, Brunswick and Wadsworth requires that the party seeking to end of the marriage prove that their spouse was at fault in causing the breakup. Some of the fault grounds that, if proven against the other party, will authorize a judge to grant a spouse’s request to terminate the marriage include:

  • Bigamy
  • Willful absence for at least one year
  • Adultery
  • Extreme cruelty
  • Fraudulent contract
  • Gross neglect of duty
  • Habitual drunkenness
  • Imprisonment of one spouse at the time the other spouse files for divorce
  • Living separate and apart without cohabitation for a continuous period of at least one year
  • Incompatibility that is not denied by either party
  • Obtaining a divorce outside of Ohio that releases only one spouse from the marital obligations

Unless the parties to the divorce proceeding in Medina, Brunswick and Wadsworth reach an agreement, the judge hearing the case will also decide related issues including the following:

  • Equitable distribution of marital property
  • Child Custody
  • Child support and spousal support
  • Visitation
  • Arrangement for sharing parenting time and parental responsibilities

Contested divorces in which the decision-making is left to the judge can be long, drawn out proceedings. Part of the reason for this is that the parties must present evidence to the court supporting their position on the grounds and the other issues in the case.

Ohio Uncontested Divorce in Medina, Brunswick and Wadsworth

What sets an uncontested divorce apart from contested proceedings is that the parties in an uncontested proceeding negotiate to reach a written agreement on the grounds for the divorce and on the financial and child custody issues before commencing the action. Incompatibility or living apart without cohabitation for at least one year are usually chosen as the grounds in an uncontested divorce because they do not involve proving fault on the part of just one of the parties.

Uncontested divorce in Medina, Brunswick and Wadsworth usually takes less time because the issues are resolved before the case gets before a judge. Instead of the parties presenting evidence to support their positions in the case with a judge deciding the issues, the agreement reached through negotiations is reviewed and approved by the court.

Dissolution of Marriage in Medina, Brunswick and Wadsworth

Dissolution, like a contested or uncontested divorce, terminates a marriage. The difference between divorce and dissolution is that fault grounds are not necessary in a dissolution proceeding. As with an uncontested divorce, the parties reach agreement on all issues and submit the written agreement along with a joint petition for dissolution to the court.

Dissolution of a marriage also differs from an uncontested divorce in that both parties to the petition must appear in court to acknowledge their understanding of the agreement, that full disclosure of all assets and debts was made, that they are satisfied with the agreement, and that they signed it voluntarily. A dissolution of marriage cannot be granted by the court unless both parties appear. This is unlike an uncontested divorce in which only one of the parties needs to be in court.

A Medina Divorce Lawyer Might Help

The decision to end a marriage can be an emotionally-charged time for all parties involved. Making decisions that could affect your future financial and personal well-being should not be made without obtain legal advice from an attorney with experience handling divorces and dissolutions. If you have questions or concerns about an Ohio uncontested divorce in Medina, Brunswick or Wadsworth, contact Erb Legal LLC at {P:P3:SUB:PHONE} to discuss your case.

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