Making the decision to divorce is a difficult and emotive one. It’s not something that anyone ever goes into lightly and there are a hundred and one things to consider.
There are many reasons why a relationship breaks down, and sometimes it’s simply due to things not working anymore. But, what do you do when you feel like it’s your spouse’s fault you’re getting divorced? Is it worth filing on an at-fault basis?
The divorce law in Ohio
In Ohio, you need to be able to show a judge that you should be granted a divorce citing at least one of the legally acceptable grounds.
A no-fault divorce
Ohio, along with most other states, recognizes a no-fault divorce. The petition will cite grounds of incompatibility and that the couple has been living apart for a year at the time of divorce.
With a no-fault divorce, there’s no opportunity for the party receiving the petition to object to it. It only works, therefore, if the couple agrees to get divorced. The benefit is that the divorce is handled in a non-contentious way and is usually finalized more quickly as a result.
At-fault grounds for divorce
There are some benefits to citing a ground in the divorce petition that lays the blame on the opposing party.
The requirement in a no-fault divorce for the parties to live apart for a year before divorcing is not applicable. The fact that there’s no need to wait is important where the grounds on which a petitioner is looking to rely include such events as the other party already being married to someone else, committing adultery or them being imprisoned at the time of filing.
If proven, an at-fault divorce can also entitle the petitioning spouse to a greater share of the marital property and alimony payments in some circumstances.
The main thing to bear in mind is that an at-fault divorce is likely to cause disputes and arguments. This means it will require lengthy proceedings and a court hearing where the petitioning party has the burden of proving the ground(s) they’re relying on.
If you’re in the early stages of the divorce process, it’s important that you seek some legal help so you understand what is right for you and your situation.