Divorce & Dissolution
In Ohio, a marriage can be terminated by either divorce or dissolution. In certain limited circumstances, a party may instead decide pursue a legal separation. Whatever the course our clients choose, Ruby & Associates is committed to offering compassionate and dedicated legal guidance and advocacy throughout the process.
The most common grounds for divorce we see at Ruby & Associates is incompatibility of the parties.
In Ohio, however, divorce is also granted based on certain grounds established by law. These include:
- gross neglect of duty (essentially, failure to support the other spouse)one of the spouses was already married to another person at the time of their marriage to the second spouse
- willful absence of the spouse from the plaintiff's home for a continuous one-year period preceding the filing of the divorce case (abandonment)
- extreme cruelty
- fraudulent contract (one party made false representations or promises to the other before the marriage)
- habitual drunkenness
- imprisonment of the other spouse
- the parties have for one year, without interruption, lived separate and apart without cohabitation
- incompatibility of the husband and wife, if alleged by one spouse in the divorce complaint and not denied by the other spouse
Except for the last two, most of these grounds require some type of fault on the part of one of the parties. For this and other reasons, divorce cases can be very contentious. Our attorneys meet with clients seeking to file for divorce to determine which of these grounds best fit their circumstances, to discuss their goals, the filing process, and what happens thereafter.
For our clients who have been served with papers notifying them that a divorce case has been started, we walk them through their options and necessary next steps.
Our divorce clients are usually concerned about matters like child custody and vistitation, child and spousal support, and the division of property, especially homes and retirement funds. We make it a priority to answer their questions, explain how these matters are resolved, and advocate for the outcome our clients need.
Although most divorce cases ultimately settle short of going to trial, we diligently prepare every case as if it will be tried, in order to offer our clients the strongest position from which to negotiate.
For couples who are able to reach agreement on all terms of a divorce, dissolution is a worthwhile option. Dissolution is often referred to as no-fault divorce.
In dissolution, parties must reach agreement on all terms of the divorce, including child custody, visitation, and property division. This agreement, called a separation agreement, is then attached to a joint petition for dissolution which is filed with the court.
At a subsequent hearing, both parties must appear and testify that they want the dissolution and are satisfied with the agreement. (If the parties cannot settle all terms, the dissolution case may be converted to a divorce case.) If the parties consent to the agreement and want the marriage ended. the court will approve the dissolution.
Advantages of dissolution are that it may be less expensive and quicker than a divorce. It’s typically a good option for couples with no children and not many assets, although it is available to any couple.
Whatever the circumstances of your marriage, Ruby & Associates can help you evaluate your options and make the best choices so you can move forward. To learn more about how we can help you, contact our office at (330) 867-1405.