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In the year 2000, the US divorce rate showed a significant increase to 4.1% per thousand population, as compared to 3.5% per thousand in 1970. So far as the divorce rate in Ohio is concerned, it shows a fluctuating trend in the last 15 years. From 4.7 per thousand population in 1990, it came down to 3.9 per thousand population in 1999. However, it again shot up to 4.0 in the year 2002 and stood at 3.6 per thousand in 2004.
Ohio grants both “no-fault” and” fault” divorce. However, to get a divorce in Ohio, one has to fulfill certain residency requirements. Before filing for dissolution of marriage or divorce in Ohio, either spouse must have been a resident of the state for at least six months. A person filing for a divorce must have legitimate grounds for divorce. According to the Ohio Revised Code Title 31, especially Chapter 3105, the valid grounds for divorce are:
3105.01 Divorce causes
(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
(B) Willful absence of the adverse party for one year;
(C) Adultery;
(D) Extreme cruelty;
(E) Fraudulent contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.
A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.
In Ohio, a marriage can be terminated by both dissolution and divorce. In the case of dissolution of marriage, both the parties tend to agree that their marriage should be terminated by the court. They also agree on the vital issues concerning the dissolution like division of assets and liabilities, spousal support and parental rights and responsibilities. The court does not have to decide; it just terminates the marriage upon this mutual consent. Thus dissolution is a cooperative procedure. On the contrary, a divorce suit tends to be adversarial in nature. A divorce stands for the legal termination of a marriage by a court verdict, on the bases of certain authentic grounds. This calls for a discussion on the procedural aspects of dissolution and marriage.
A dissolution procedure comprises two important stages. In the first stage, the two parties along with their attorneys discuss the legal issues and implications regarding the vital matters like child custody, visitation, alimony, division of assets and liabilities, etc. and come to an agreement. This agreement reached between them is then incorporated into a “separation agreement’. It is a legally enforceable document, which is then filed with the court. The second stage comprises a hearing before a judge, which ascertains that both the parties understand the agreement. After this the judge grants the dissolution and the separation agreement is incorporated into the decree of dissolution and becomes a court agreement.
A divorce involves the filing of a complaint by one of the spouses against the other in the Court of Common Pleas. The party who files the complaint is called the “plaintiff” and the other party is called the “defendant’. This complaint is then served on the defendant through appropriate methods. The defendant is required to file an “answer” to this complaint within 42 days of legal notification, in which he or she admits or denies the charges leveled against him or her. In addition, the defendant may file a “counterclaim” against the plaintiff. The plaintiff then has to file a “reply” to this counterclaim. The court, in the meantime, issues a “temporary order’’ or “T.O.” through which the court facilitates temporary agreements regarding child custody, support and restraining orders. The two parties then engage in discovery, which involves a meticulous exchange of information and documents that are relevant to the case. Ultimately, the case gets settled by an agreement, in the absence of which it goes for a court trial involving tedious, time-consuming and bitter legal wrangling.
James Walsh is a freelance writer and copy editor. For more information on getting a Divorce using online services see http://www.quickie-divorce.com
About the Author:
James Walsh is a freelance writer and copy editor. For more information on using online services to get a Divorce see http://www.quickie-divorce.com
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The Divorce Laws and Process in Ohio
