In the state of Ohio, there are three ways to terminate a marriage. Depending on the situation and relationship between the parties, a marriage can be terminated by an annulment, dissolution, or divorce.
Annulment
An annulment is a way to legally void the marriage. There are several grounds upon which one can seek to annul a marriage such as bigamy, mental incompetence, fraud, or an underage spouse. The time period for seeking an annulment varies depending on the grounds for the annulment. For instance, an annulment action based on an underage spouse should be brought within the time period prior to the spouse reaching the legal age for marriage.
Dissolution
A dissolution legally terminates the marriage through an agreement by the parties. If the parties are able to fully agree on all the factors and conditions of the separation, a petition for dissolution and separation agreement can be filed with the Court. The parties must reach a full agreement on division of property, support, and all matters related to the minor children of the marriage. The parties are also required to be living separate at the time they sign the separation agreement.
The Court cannot grant a dissolution if one of the spouses tells the Court that they do not fully agree with the separation agreement or that they do not want the marriage to be terminated. When this happens, a motion to convert the action to a divorce must be filed with the Court to proceed with terminating the marriage.
Divorce
A divorce is initiated by one spouse filing a complaint for divorce with the Court. Once the other spouse has been served, they are able to file a counterclaim and answer with the Court alleging their grounds for the divorce. Although most divorces are filed on the grounds of incompatibility or living apart for a period greater than one year, grounds for divorce include adultery, gross neglect of duty and extreme cruelty, imprisonment, bigamy, and reoccurring inebriation.
Issues considered by the Court during a divorce are the division of marital assets, spousal support, division of marital debt, and all issues related to the minor children of the marriage.
Ready to Move Forward?
Navigating the legal complexities of terminating a marriage in Ohio can be overwhelming. At Wood & Long, our experienced family law attorneys are committed to helping you find the most appropriate legal solution for your specific circumstances.
Don't face these challenging legal decisions alone. Call Wood & Long today at (614) 567-3031 to schedule your confidential initial consultation. We'll help you understand your options, protect your interests, and guide you toward a resolution that supports you and your family's future.
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