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The role of fault in an Ohio divorce

| Nov 11, 2020 | Divorce |

Divorce is difficult, no matter the reason that it happens. When an Ohio resident decides that they want to end their marriage to their spouse, they must take steps to break the legal binds that hold them together. Those steps are dictated in the law, and family law attorneys can help them sort out what must be done to accomplish their legal intentions.

However, in Ohio, divorce can go by another name: dissolution. The grounds or basis for the end of a marriage will dictate if it is a divorce or dissolution, and this post will briefly explain this dichotomy. No part of this post should be read as legal advice, and all divorce and dissolution questions should be directed to knowledgeable local family law attorneys.

The role of fault in the end of a marriage

The core difference between a divorce and dissolution is the presence of fault in reason for ending the marriage. When the partners to a couple grow apart without the fault or responsibility of one party, the end of their marriage will be legally processed as a dissolution. Dissolutions can involve periods of separation of up to a year before they may be completed.

Divorces involve fault, and Ohio law codifies a number of fault grounds that individuals can allege to end their marriages. Those grounds include:

  • Adultery
  • Extreme cruelty
  • Habitual drunkenness
  • Gross neglect of duty

This list is not comprehensive and readers can seek clarity and information from trusted legal sources.

Approaching the end of a marriage in Ohio

Divorce and dissolution can accomplish the same goal for an individual: the end of their marriage to their partner. How these legal processes play out in court, though, can look different and subject individuals to different questions and negotiations. There is no one way to approach the end of a marriage, and individuals must make informed decisions about how best to protect their needs and rights. Their family law attorneys can support and educate them as they learn more about divorce and dissolution.