Whether a couple agrees to part ways or not, divorce is never easy. When considering your options, it’s crucial to understand the difference between no-fault and fault-based divorce. With the dissolution (called “no-fault divorce” in some states) process, spouses do not need to establish that either is to blame for the marriage not working out in order to terminate their marriage — they only need to agree to do so. This is in contrast with divorce where specific grounds to terminate the marriage must be established.
What is No-Fault Divorce or Dissolution?
Referred to as “dissolution,” spouses can file for no-fault divorce in Ohio without stating the specific reasons they wish to end their marital relationship. Filing for a dissolution of marriage can be much more cost-effective and less time-consuming than a fault-based divorce. Another difference is that the dissolution process can be less stressful and allow you to part ways with your spouse more amicably — this can be important if you and your spouse share children.
There are specific requirements that must be met to obtain a dissolution of marriage in Ohio. At least one of the spouses must have been an Ohio resident for at least six months immediately prior to filing the petition. In addition, the parties must reach an agreement on all issues before a judge will approve and sign the decree. Specifically, spouses will need to have entered into a written marital settlement agreement (called a “separation agreement”) that includes provisions regarding:
- Property division — Spouses will need to specify how their marital property will be divided.
- Debt allocation — The separation agreement should address how marital debts will be allocated between spouses.
- Spousal support — A separation agreement should specify whether alimony payments, referred to as “spousal support” in Ohio since 1991, will be made to either spouse.
- Parenting rights and responsibilities — If there are minor children, the separation agreement should outline legal and physical custody, and child support, and include the details of the physical living arrangements with each parent, a holiday schedule, responsibility for child support, health insurance, healthcare expenses, and tax dependency allocation, often detailed in a separate parenting plan.
After the petition for dissolution has been filed, the parties must wait at least 30 days before their case will be heard in court. Under Ohio law, the case must be brought before a judge within 90 days of the filing. At the hearing, the judge will look over the separation agreement, and make any inquiries regarding asset division and parenting issues. If the judge determines that the agreement is fair to both parties, and in the children’s best interests, it will be entered as a court order — and a decree will be issued.
What is Fault-Based Divorce?
Unlike dissolution, where neither party is required to prove fault grounds, a fault-based divorce can be obtained in situations involving marital misconduct, or when the parties agree they are incompatible. In these cases, a spouse must establish the basis they are blaming the other for the breakdown of the marriage. Under Ohio law, a fault-based divorce can be filed based on the following grounds:
- Adultery — A spouse can file for divorce based on the other spouse’s infidelity.
- Extreme cruelty — If a spouse engaged in conduct that endangered the mental or physical health of the other, a divorce may be obtained on the grounds of extreme cruelty.
- Bigamy — If a spouse entered into a second marriage while a prior marriage was still legally in effect, bigamy may be established as the grounds for divorce.
- Fraudulent contract — A fraudulent contract occurs when a spouse procures the marriage with the intent to deceive the other.
- Willful absence – A divorce can be obtained on the grounds that the adverse party has been deliberately absent for at least one year
- Habitual drunkenness – A divorce can be obtained on proof that the other is routinely drunk.
- Gross neglect of duty — The divorce grounds of gross neglect of duty are based on a spouse’s failure to uphold their marital obligations of respect, fidelity, and support.
- Imprisonment — In the event a spouse is imprisoned during the marriage, the other spouse may seek a divorce on these grounds.
- Incompatibility – parties must agree they are incompatible.
Importantly, since Ohio recognizes no-fault divorce, fault-based divorce with a trial on grounds for divorce rarely occurs. These types of divorces can take longer and often require extensive discovery, are often lengthier and much more costly than ending a marriage through dissolution or through incompatibility or living apart for at least one year as grounds.
No-Fault or Fault-Based Divorce Right for My Situation?
If you are considering terminating your marriage, it’s a good idea to consult with an experienced divorce attorney who can evaluate your case and explain the difference between divorce and dissolution. The crucial distinctions to note between the two divorce processes include the following:
| Stage | Divorce | Dissolution |
| Grounds | Must be stated: include incompatibility, living separate over 1 year, extreme cruelty, and gross neglect. | Not necessary. |
| Beginning of process | Complaint filed with Court | Negotiation of agreement terms |
| Middle | Temporary Orders made by Court or by Agreement | Agreement Reached |
| Nearing end | Status Conferences, Pretrial Conferences | Filing Petition |
| Time from filing to Conclusion | One year to 18 months | 30 to 90 days |
| Decision making | Court | Parties |
| Information gathering | Affidavits, Subpoena, Interrogatories, Depositions, Requests for Production of Documents, etc. | Voluntary full disclosure |
Emotions in divorce run high — and a spouse might want to move forward with a fault-based divorce to get back at the other for their misdeeds. However, it’s essential to understand that in most cases, filing for a divorce on the basis of incompatibility or pursuing a dissolution through agreement is the better option. In addition to avoiding lengthy litigation and keeping the costs associated with divorce down, the dissolution process doesn’t require a spouse to present any evidence to prove fault. This can also help to keep the circumstances surrounding your divorce private.
Contact an Experienced Ohio Divorce Attorney
If you are thinking about ending your marriage, it’s critical to have a knowledgeable divorce attorney by your side who can advise you regarding the difference between fault and no-fault divorce. Located in Green, Ohio – halfway between the Akron and Canton courthouses – Melissa Graham-Hurd & Associates, LLC provides reliable representation to clients for no-fault and fault-based divorce and helps to ensure their objectives are met. Contact Melissa Graham-Hurd and Associates to schedule a consultation to learn how we can help.
