Starting a Divorce with Help from a Family Law Attorney in Cincinnati, OH

by | Aug 2, 2017 | Lawyers

In Ohio, petitioners start a divorce motion for a variety of reasons. Typically, the reason for the divorce is reflected through the divorce grounds. In more severe cases, a divorce petition is filed to acquire certain protection when domestic violence is present. Despite the reason, a family law attorney in Cincinnati, OH assists petitioners in acquiring the relief they need.

Reviewing Divorce Grounds

The most common divorce grounds start with irreconcilable differences or irretrievable breakdown of the marriage. The grounds don’t assign blame to either party; they indicate that the couple couldn’t continue the marriage due to conditions that couldn’t be remedied. In these matters, the petitioner doesn’t need to present any evidence to support their claim.

Assessing Fault-Based Divorce Grounds

Adultery, incarceration, mental incapacity, intolerable cruelty, and desertion are among the fault-based grounds used in Ohio. The grounds require the petitioner to provide evidence to support their allegations. In cases involving incarceration, the spouse must be serving a sentence longer than two years. In cases involving mental incapacity, the spouse must have been admitted to a hospital or institution for no less than two years. All other fault-based grounds require evidence based on the allegations made by the petitioner.

Items on the Divorce Agreement

Child support and custody are among the items listed in the divorce agreement. Next, the equal division of the marital assets is listed along with indications of which party receives each asset. Typically, this portion of the agreement is itemized. Conditions pertaining to alimony are also discussed. In some cases, the spouse may request alimony or payment of an educational program to increase earning capacity.

Waiting Periods for Divorce

Typically, there is a sixty-day waiting period after the petition is filed. The waiting period is in place to provide the couple enough time to determine if they want to stop the divorce action. However, some couples can avoid the waiting period by appearing before the judge.

In Ohio, petitioners start a divorce action by presenting information about their spouse and marriage to an attorney. The attorney has the divorce summons and agreement delivered to the defendant on their behalf. Petitioners who need to start a divorce action are encouraged to contact a family law attorney in Cincinnati, OH. Visit website right now.

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