If negotiations between the spouses are unlikely to be fruitful or would prolong the case, then filing a complaint for divorce should be considered.
Reasons for Choosing Divorce over Dissolution:
- If the spouses are unable to negotiate and use reason to reach a settlement regarding division of property, childcare matters, and other issues.
- If the parties are extremely antagonistic.
- If the primary wage-earning spouse has terminated financial support of the family.
- If there is concern that a spouse may be hiding or dissipating assets.
- If either spouse is unaware of the marital assets or debts.
- If there are threats of harm to either property or person.
- If a spouse is absent or otherwise unwilling to participate in the process.
- If a spouse needs immediate relief relating to custody/visitation issues.
Grounds for Divorce in Ohio:
The court may grant a divorce for the following causes:
- Either party had a husband or wife living at the time of the marriage from which the divorce is sought.
- Willful absence of the adverse party for one year.
- Extreme cruelty.
- Fraudulent contract.
- Any gross neglect of duty.
- Habitual drunkenness.
- Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint.
- 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.
- When husband and wife have, without interruption for one year, lived separate and apart without cohabitation.
- Incompatibility, unless denied by either party.
Typical Forms Prepared in a Divorce:
- Complaint for Divorce
- Motion for Restraining Order and Supporting Affidavit
- Restraining Order
- Financial Affidavit/Affidavit of Assets and Liabilities
- Motion for Temporary Orders and Supporting Affidavit
- Temporary Orders
- Instructions for Service
- Custody Affidavit (if the parties have minor children)
- Health Insurance Disclosure Affidavit (if the parties have minor children)
- Notice of Support Hearing (if the parties have minor children)
- Discovery Requests
The majority of family law cases are ultimately settled, even the most adversarial of divorce cases. It is the unusual case that actually goes to trial.
If a settlement is reached, an agreement will be drafted and signed by the spouses before it is presented to the court.
However, if the spouses are unable to reach an agreement regarding any issue concerning termination of the marriage, division of assets or debts, childcare issues, or any other matter, then a trial will be held and the ultimate decision will be made by the court.