Frequently Asked Questions About Divorce in Toledo, Ohio
Answers from knowledgeable family law attorneys
If you are contemplating the possibility of divorce, you may have a lot of questions about the legal process. At Mock Law, L.P.A. in Toledo, Ohio, I would be pleased to answer any inquiries you may have on the subject. Here are some of the most frequently asked questions I have received:
- Do I have to be separated for a certain amount of time before I can get divorced?
- How long does it typically take to get a divorce in Ohio?
- What is “no fault” divorce and does Ohio allow it?
- What other options are available for filing for divorce in Ohio?
- How can I use mediation for my divorce? What happens if we can’t agree on everything?
- What is collaborative law and how can I use it for my divorce?
In Ohio, there is no required separation period in order to get divorced. However, living separate and apart from your spouse for one full year is a ground for divorce. Couples who aren’t yet ready to end their marriage may try a legal separation, which they may convert into a divorce later on if they choose.
An Ohio divorce takes at least four months but a complicated case can take up to two years. A dissolution of marriage (see the answer to the next question) may take one to three months.
In Ohio, you can obtain a “no fault” divorce is based on the ground that you and your spouse are incompatible with each other. You may also file for a dissolution of marriage — which is a faster and less complicated process — if you agree on incompatibility and on all other relevant issues, such as property division, alimony, child custody and child support.
If your spouse does not agree to a divorce based on incompatibility, you may sue for divorce by alleging one of the recognized fault grounds, such as adultery, abandonment, extreme cruelty or gross neglect. Even if there is no contest to the grounds for divorce, you and your spouse may still have disputes over property and parenting issues. These issues must be resolved by a judge.
Mediation is a method of settling divorce issues by having a neutral party review your contentions and demands and those of your spouse. A mediator proposes compromises that each of you might be willing to accept. Mediation may be used as a prelude to dissolution or it may occur in the course of a divorce to avoid a judge having to decide certain issues. You don’t have to accept the mediator’s proposal, or you may agree on part of it and dispute the remainder at a hearing.
Collaborative law is a method of dispute resolution in which each party hires an attorney who is specially trained in techniques designed to reach settlement of issues without going to court. Unlike a mediation, no third party is involved. A successful collaborative process can help achieve a dissolution of marriage and the avoidance of a contested divorce. If the process fails, however, you and your spouse must each hire a new attorney for the contested divorce case.