If your marriage is no longer sustainable, legally dissolving it in the eyes of the state court system may be the best option. Not only is it the best choice for yourself, but it may be ideal for your spouse and the rest of your family too. However, achieving a positive and mutually beneficial outcome from a divorce proceeding is rarely simple, especially if you do so without the assistance of legal counsel.

A Toledo divorce lawyer could be an irreplaceable ally from the beginning to the end of your divorce proceedings. In addition to ensuring compliance with all relevant state laws and restrictions, your seasoned family attorney could also tirelessly advocate on your behalf when it comes to resolving divorce-related matters. That could include things like financial support obligations, property division, and custody of children produced by your marriage.

Legal Requirements for Divorce in Toledo

Ohio Revised Code § 3105.01 lists several valid grounds for divorce. The two most commonly used reasons are “incompatibility”—in other words, an assertion uncontested by either spouse that the marriage is no longer working—and willful separation for at least a year. Other possible justifications for divorce established under this statute include:

  • Adultery
  • Abandonment for a minimum of one year
  • “Gross neglect” of marital duties
  • Extreme cruelty
  • Bigamy, meaning the non-filing spouse was already married at the time they married the filing spouse
  • Habitual drunkenness
  • Imprisonment within any federal or state correctional facility

Under O.R.C. § 3105.03, a person can only file for divorce in Ohio if the filing party has resided in the state for six months minimum prior to filing. Qualifying individuals may begin divorce proceedings by submitting the appropriate completed paperwork with their local family court and ensuring copies of those papers are served upon the non-filing spouse.

Upon being served with divorce papers, a non-filing spouse may submit a formal response that either:

  • Consents to the divorce moving forward
  • Requests that the divorce be granted based on different grounds than those established by the filing party
  • Challenging the divorce based on evidence they may present at a later hearing

A Toledo divorce attorney could explain these and other necessary procedures for dissolving a marriage in more detail during a confidential consultation.

Proactively Addressing Marital Disputes

Every married couple is different and so, too, is every divorce proceeding in Toledo. The specific issues that may need to be resolved before a court will grant a divorce can be radically different from couple to couple. For example, child custody and support would not be relevant if a marriage did not produce any children and alimony is awarded based on the needs and ability to pay of particular spouses rather than automatically for every divorce.

It is also possible in many situations for divorcing spouses to resolve matters such as spousal support, division of physical marital assets, and allocation of debts and/or business interests in private. In this case, the court only serves to approve the final arrangement as equitable and fair, rather than making a binding decision itself. As a divorce lawyer in Toledo could explain, courts in Ohio still maintain sole authority to make final rulings on matters related to child custody and support in all situations.

Seek Help from a Toledo Divorce Attorney

Deciding to legally end a divorce is a difficult and consequential choice in almost every situation. Effectively navigating that divorce in a fair manner can be even more challenging. Fortunately, there is help available from dedicated legal professionals with years of experience helping resolve situations just like yours in the most amicable way possible.

A conversation with a Toledo divorce lawyer could help you better understand your options and move purposefully towards the best outcome for you and your family. Call today for a consultation.