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Divorce / Dissolution

I am thoroughly committed to providing my clients with the skilled legal counsel they need,
whether this is in divorce mediation or in arguing their case in court.

The prospect of filing for divorce can be upsetting, frightening or even liberating. The wide range of emotions that a person may experience can make this process all the more difficult to deal with, particularly when such matters as child custody, child support, spousal support, visitation and property division need to be addressed. Even a divorce which starts out amicably enough may turn into a bitter and drawn out legal battle as you and your spouse seek different outcomes that you feel address your needs, your children’s wellbeing and protect your financial future.

Consulting a Medina divorce attorney is one of the most important actions to take when you are considering ending your marriage. You and your spouse will need to come to a complete agreement about all terms of your divorce or you will face court proceedings and these matters will be decided by a judge. Most often it is less time consuming and expensive to work out a divorce agreement out of the courtroom. A negotiated divorce settlement means that you and your spouse will have more freedom on determining the exact terms of your divorce. However, at times these terms simply cannot be worked out without court assistance. Through negotiations or litigation in court, your lawyer will need to assert your rights and protect your interests every step of the way.

Grounds for Divorce

Divorce is purely a matter of statute and each of the acceptable grounds for divorce in Ohio are fixed by statute. This means that you and your spouse cannot simply list whatever reasons you personally have for wanting the divorce in your Pro Se complaint and have the Court accept them. Rather, your complaint for divorce must list one or more legally sufficient grounds, enumerated under the applicable statute, and put on evidence of that ground at the hearing.

So, what are legally sufficient grounds in Ohio? Generally, any of the following will suffice:

  • Either party entering into a bigamous marriage

  • Willful absence of the adverse party for one year
  • Adultery (obviously!)
  • Extreme cruelty (carefully defined under statute)
  • Fraudulent contract (marriage is a contract, after all)
  • Any gross neglect of marital duty
  • Habitual drunkenness
  • Imprisonment of the adverse party in a state or federal prison when the petition is filed with the Court
  • Procurement of a divorce outside Ohio, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while such obligations remain binding upon the other party
  • On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation

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