Ask a Divorce Attorney: Do You Need a Divorce Lawyer for a No-Fault Divorce?

While filing for divorce can be a turbulent process, there may be some cases in which spouses can get divorced with minimal stress and drama. For example, a no-fault divorce can make the entire divorce process much easier. Learn more about how a divorce attorney can help with your divorce.

Ask a Divorce Attorney: Do You Need a Divorce Lawyer for a No-Fault Divorce?

Even if your divorce is amicable, you will still need the help of Columbus OH divorce attorneys for women because a no-fault divorce doesn’t necessarily mean the divorce process will be simple. For example, while the desire to divorce may be mutual, the division of marital assets may be contested.

What most people don’t realize is that there are two components of filing for divorce. The first is the grounds on which the divorce is filed, which can be considered the “fault” or “no-fault.” The second is the division of marital property, assets, children, and more. It’s the division of shared marital belongings that will necessitate the help of a legal representative.

No-Fault vs Uncontested Divorce

There is a major difference between a no-fault divorce and an uncontested divorce. A no-fault divorce means that both spouses agree that neither spouse is responsible for the end of the marriage. An uncontested divorce also happens when spouses can agree on the equitable division of marital property without needing the court to formally distribute assets, properties, or other significant holdings.

Although it’s possible to have a no-fault uncontested divorce, it’s much more likely that your divorce will be declared no-fault while the other elements of your divorce are contested. For example, if you and your spouse agree to divorce, but you can’t agree on who should keep the marital home, then this means that your divorce will become a no-fault contested divorce.

Common Grounds for Divorce in Ohio

If you do not want to file a no-fault divorce, there are several commonly-cited grounds for divorce in Ohio. For example, one potential ground of divorce could be separation during the marriage or absence from the marriage for at least one year.

Other common grounds for divorce can include adultery, extreme cruelty, fraudulent contract, habitual drunkenness, and much more. These are all reasonable grounds for divorce in Ohio. You can discuss which grounds for divorce are most appropriate for your case with your lawyer.

The Importance of Incompatibility

While incompatibility is the most common ground for divorce cited in Ohio, many lawyers will encourage clients to claim another ground in divorce filings. This is a way for people to protect themselves in case their ex-spouse changes their mind about filing for divorce.

For example, your ex-spouse may claim that you are compatible, which will undermine your divorce process. Adding another ground for divorce will ensure your divorce continues, even if your spouse doesn’t agree. Of course, if this happens, you can expect your divorce process to take longer to settle.

What If Spouses Don’t Agree About Incompatibility?

If you and your spouse can’t agree to file a divorce based on incompatibility, this means that you will either have to select a different ground for divorce and that your divorce will become contested. In this case, the way your legal team will approach your divorce will be radically different.

When spouses can’t agree to file no-fault on the grounds of incompatibility, this means your lawyer will have to provide evidence that proves one of the other “faults” or grounds for divorce in Ohio. Investigating your marriage and finding evidence for the court will take a substantially longer time, and you may even have more difficulty with other aspects of your divorce agreement, such as spousal support and child custody arrangements.

What About Dissolution of Marriage?

Dissolution of marriage is an alternative to the traditional divorce process that removes many of the most challenging aspects of a divorce, particularly any contested issues about shared marital property and assets. During a dissolution of marriage, there will be several meetings between spouses and legal representatives to agree on contested issues related to the divorce.

A divorce agreement about these issues will be negotiated and then signed before it is filed as a “no-fault” divorce with the court. After filing a dissolution of marriage petition, spouses will need to appear before the court for a hearing and testify in front of a judge that they are satisfied with the divorce agreement. This will formalize your divorce and allow the divorce agreement to be enforced by Ohio family courts in the future. To hire an expert divorce lawyer, you can click here.

Even if you are filing a no-fault divorce in Ohio, you will likely need to hire a lawyer to help you with your case. This is because even no-fault divorces can be contested, which means you may need to prove parts of your case during a court trial. By hiring a lawyer, you will be more likely to reach a divorce agreement you are satisfied with.

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