Fault vs. No‑Fault Divorce: When Does Ohio Permit Fault-Based Grounds?
One of the first things you may learn when you work with a divorce attorney in Ohio is that laws vary by state–what a neighboring state enforces for property division, custody arrangements or fault in divorce may not apply where you live. In fact, specific rules, regulations, and procedures for filing and handling a divorce case can even vary by county within your state. That is just one reason why it is so vital to look for divorce lawyers in Ohio or even Cleveland, if that’s the area where you live.
At the Law Offices Of Cara L. Santosuosso, LLC we are ready to handle your Ohio divorce case, whether you opt for a collaborative approach or if your situation is better suited to a traditional divorce or dissolution. We know Ohio divorce law through and through and are ready to help you decide whether it is in your and children’s best interest to file for a fault or no-fault divorce. However, it is important to understand the details and to know what could be at stake. Here in this article we will do just that–discuss fault vs. no-fault and how both divorce options impact your case.
What Is Fault-Based Divorce?
A fault-based divorce centers on the party bringing the divorce case, requiring them to allege and then prove that their spouse’s misconduct led to the demise of their marriage. Only 33 out of 50 states offer the option for fault-based divorce. Ohio is one of these states. An Ohio spouse who chooses to bring a fault-based divorce case can make specific claims about their spouse’s conduct or mistreatment that could potentially have an impact on custody and support decisions.
In Ohio, grounds for a fault-based divorce include the following claims:
- Adultery: a voluntary sexual relationship outside of the marriage
- Cruelty/Abuse: inflicting physical or emotional pain
- Desertion/Abandonment: leaving the marital home for a period of time without spouse’s consent
- Imprisonment: spouse being incarcerated in a state or federal correctional institution
- Substance Abuse: chronic/excessive use of alcohol, drugs or other harmful substances
- Gross Neglect of Duty: failure to fulfill marital obligations
- Bigamy: having a living, preexisting husband or wife at the time of this marriage
These are serious claims, and they require legitimate documentation and concrete evidence to back them up. Fault-based divorce cases require witness testimony to corroborate a spouse’s claims, along with other forms of documentation, such as financial records, photographs and digital communications.
It is important to realize that simply making a claim and presenting evidence may not be the end of the matter. The accused spouse has the right to present a legal defense and this could include an assertion that their alleged misconduct was invented and never happened. The accused may also claim that their alleged actions were provoked, condoned, or forgiven. This is why documentation is absolutely vital to proving a claim. Partnering with an experienced divorce attorney in Ohio is the only way to ensure that your rights are protected and that your case is well represented.
What Is No-Fault Divorce?
Nearly everyone is familiar with the clichéd phrase “irreconcilable differences”–this is one of the main claims made in a no-fault divorce. In Ohio, both no-fault and fault-based divorce claims are available to spouses seeking to end a marriage. However, in the 17 states that do not allow for a fault-based divorce, there are the only two permissible grounds accepted by a divorce court:
Incompatibility: spouses agree to not being able to get along, claiming that their marriage is broken beyond repair
Living separate and apart: spouses have lived separately for at least one year
Unlike the process of a fault-based divorce, a no-fault divorce does not depend on presenting evidence to prove wrongdoing, because no claim of wrongdoing is made.
Divorce vs. Dissolution
While a no-fault divorce involves ending a marriage without blaming either party, that is where the similarity to dissolution ends. Instead of ending the marriage through a mutual agreement–as is done in dissolution–a no-fault divorce typically involves one party filing a complaint alleging incompatibility or living apart for a year or more. In dissolution, both parties agree to ending the marriage and work together with their legal advisers to craft mutually beneficial arrangements for property division, parenting plans, and support arrangements.
When To Choose Fault-Based Divorce in Ohio
Compared to what can often be the fraught process of fault-based divorce, no-fault divorce is seen as being generally less complex, less time-consuming, and less expensive. One option may give the accuser a certain sense of justice, but the tradeoff could be a more contentious, lengthy legal process.
In light of the financial costs, length of time involved, evidentiary requirements, impact on children, emotionally taxing nature of litigation and general sacrifice of privacy, many couples opt for a no-fault divorce in Ohio. However there are special considerations that may make it more beneficial for you to file a fault-based divorce.
One key consideration to take into account is whether or not you feel that your spouse would pose a danger to your or your children following a divorce. In cases such as these, a fault-based divorce may give you more leverage to restrict or end contact following the divorce. This can be a sensitive discussion unique to each individual. At the Law Offices Of Cara L. Santosuosso, LLC our experienced Ohio divorce lawyers will walk you through what is involved with a fault-based divorce case and can help you to make the best decision for you and your family.
Work With an Experienced Divorce Attorney in Cleveland, Ohio
Whether you are filing for a no-fault divorce, or you plan to present evidence to prove your claims in a fault-based case, you need a strong partner at your side. The team at the Law Offices Of Cara L. Santosuosso, LLC is here to help, with nuanced advice, legal expertise, and experience-based recommendations.
Whatever the level of complexity of your case, you want to be assured that your children are safe, your rights are retained, and you have what you need to start a new chapter in your life after divorce. With legal representation on your team, you will have help in negotiating property division, spousal and child support, and child custody arrangements. The best way to advocate for yourself and your children is to work with a trusted divorce attorney in Cleveland. Contact us today to schedule a consultation and get started on a path to the life you hope to live.