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For No Fault divorce in Ohio is there another option for getting around the 1-year cohabitation requirement?
Anonymous4 views1 answers
My current wife and I have have separated, as of 12/31/10, but due to financial reasons are currently living in the same house. I will be moving out as soon as money will allow. I have all the paper work together including a separation agreement, just making sure that everything is correct before we get them notarized and submitted next week.
You and your wife may proceed with an uncontested divorce and enter into an Agreed Judgment Entry, Final Decree of Divorce, if you have no differences on any of the issues relevant to the facts of your particular case. The grounds that you speak of, living separate and apart without cohabitation for a period in excess of one year, is only one of the several grounds that may be appropriate to end a marriage in Ohio. It does not sound like this would be a good choice for you, as you have indicated that you continue to live together for financial reasons. Many divorces are granted on the grounds of incompatibility, wherein the two of you are simply no longer compatible. There is not any "magic time period" to use this, and other particular grounds for divorce. Until you are willing to separate for a period of no less than thirty (30) days, you cannot proceed with a dissolution of your marriage. A dissolution is an effective means to terminate the marriage if you both agree on all issues from the children, if any, to the division of assets, i.e., premarital property, separate property and marital property, and the allocation of the debts and other responsibilities, i.e., spousal support, if any. You must be living separate and apart for at least thirty (30) days and you both must appear in court on the date of your dissolution hearing. If either one of you fails to appear in court, then the statutes do not enable the court to proceed without both parties being present. Further, if either one of you should advise the court that you do not want the dissolution, but your spouse does, and that is the only reason why you are before the court, then the court will not grant the dissolution. This is something that you both have to freely want to do. The key is the term "agreement" and if an agreement exists, your dissolution will be final in approximately four (4) to six (6) weeks after filing. In contrast, an uncontested divorce may take approximately three (3) months, or longer, to complete. An advantage to a divorce is that the Defendant, or responding party, does not have to be present at Trial. A divorce can still be granted if an appropriate witness is there to support your testimony, despite the fact that your spouse may not appear. I understand financial contraints in these difficult times, but it is always wise to seek the advise of a lawyer prior to entering into any type of agreement, or any type of court proceeding when an agreement is not made. If you fail to seek legal advice, the cost of such failure can be far greater then the cost of a lawyer at the time of your divorce. It is highly recommended that you seek legal advice before proceeding. A lawyer will be able to consider your particular facts and apply such facts to the law and make recommendations that should be appropriate in your case. This response is for general purposes only. The facts of your case when applied to the law may result in a different outcome.