| In the year 2000, the US divorce rate showed a | | | | division of assets and liabilities, spousal support and |
| significant increase to 4.1% per thousand population, as | | | | parental rights and responsibilities. The court does not |
| compared to 3.5% per thousand in 1970. So far as the | | | | have to decide; it just terminates the marriage upon |
| divorce rate in Ohio is concerned, it shows a fluctuating | | | | this mutual consent. Thus dissolution is a cooperative |
| trend in the last 15 years. From 4.7 per thousand | | | | procedure. On the contrary, a divorce suit tends to be |
| population in 1990, it came down to 3.9 per thousand | | | | adversarial in nature. A divorce stands for the legal |
| population in 1999. However, it again shot up to 4.0 in | | | | termination of a marriage by a court verdict, on the |
| the year 2002 and stood at 3.6 per thousand in 2004. | | | | bases of certain authentic grounds. This calls for a |
| Ohio grants both "no-fault" and" fault" divorce. | | | | discussion on the procedural aspects of dissolution and |
| However, to get a divorce in Ohio, one has to fulfill | | | | marriage. |
| certain residency requirements. Before filing for | | | | A dissolution procedure comprises two important |
| dissolution of marriage or divorce in Ohio, either spouse | | | | stages. In the first stage, the two parties along with |
| must have been a resident of the state for at least six | | | | their attorneys discuss the legal issues and implications |
| months. A person filing for a divorce must have | | | | regarding the vital matters like child custody, visitation, |
| legitimate grounds for divorce. According to the Ohio | | | | alimony, division of assets and liabilities, etc. and come |
| Revised Code Title 31, especially Chapter 3105, the | | | | to an agreement. This agreement reached between |
| valid grounds for divorce are: | | | | them is then incorporated into a "separation |
| 3105.01 Divorce causes | | | | agreement'. It is a legally enforceable document, which |
| (A) Either party had a husband or wife living at the | | | | is then filed with the court. The second stage |
| time of the marriage from which the divorce is sought; | | | | comprises a hearing before a judge, which ascertains |
| (B) Willful absence of the adverse party for one year; | | | | that both the parties understand the agreement. After |
| (C) Adultery; | | | | this the judge grants the dissolution and the separation |
| (D) Extreme cruelty; | | | | agreement is incorporated into the decree of |
| (E) Fraudulent contract; | | | | dissolution and becomes a court agreement. |
| (F) Any gross neglect of duty; | | | | A divorce involves the filing of a complaint by one of |
| (G) Habitual drunkenness; | | | | the spouses against the other in the Court of Common |
| (H) Imprisonment of the adverse party in a state or | | | | Pleas. The party who files the complaint is called the |
| federal correctional institution at the time of filing the | | | | "plaintiff" and the other party is called the "defendant'. |
| complaint; | | | | This complaint is then served on the defendant through |
| (I) Procurement of a divorce outside this state, by a | | | | appropriate methods. The defendant is required to file |
| husband or wife, by virtue of which the party who | | | | an "answer" to this complaint within 42 days of legal |
| procured it is released from the obligations of the | | | | notification, in which he or she admits or denies the |
| marriage, while those obligations remain binding upon | | | | charges leveled against him or her. In addition, the |
| the other party; | | | | defendant may file a "counterclaim" against the plaintiff. |
| (J) On the application of either party, when husband | | | | The plaintiff then has to file a "reply" to this |
| and wife have, without interruption for one year, lived | | | | counterclaim. The court, in the meantime, issues a |
| separate and apart without cohabitation; | | | | "temporary order'' or "T.O." through which the court |
| (K) Incompatibility, unless denied by either party. | | | | facilitates temporary agreements regarding child |
| A plea of res judicata or of recrimination with respect | | | | custody, support and restraining orders. The two |
| to any provision of this section does not bar either | | | | parties then engage in discovery, which involves a |
| party from obtaining a divorce on this ground. | | | | meticulous exchange of information and documents |
| In Ohio, a marriage can be terminated by both | | | | that are relevant to the case. Ultimately, the case gets |
| dissolution and divorce. In the case of dissolution of | | | | settled by an agreement, in the absence of which it |
| marriage, both the parties tend to agree that their | | | | goes for a court trial involving tedious, time-consuming |
| marriage should be terminated by the court. They also | | | | and bitter legal wrangling. |
| agree on the vital issues concerning the dissolution like | | | | |