Two Common Myths About Ending Your Marriage in Ohio
Divorce is a significant transition, and for many families, the process can seem overwhelming and shrouded in misunderstanding. If you're considering ending your marriage in Ohio, you've probably heard plenty of advice from friends, family, and the internet. Unfortunately, not all of it is accurate. Let's clear up two persistent myths that could affect your decisions during this challenging time.
Myth #1: You Must Go Through Litigation to End Your Marriage
When most people think about divorce, they picture a courtroom battle with lawyers arguing before a judge while the couple sits at opposite tables. This dramatic courtroom scenario has been reinforced by countless movies and television shows, leading many to believe that litigation is the only path to ending a marriage.
The Reality: Ohio offers several alternatives to traditional divorce litigation, with dissolution of marriage being one of the most popular options. In a dissolution, you and your spouse work together to reach agreements on all issues—property division, spousal support, child custody, and child support—before ever filing with the court. Once you've created a separation agreement covering these matters, you file jointly and typically appear before a judge only once for a brief, uncontested hearing.
Beyond dissolution, Ohio couples can also pursue collaborative divorce, where both parties work with specially trained attorneys committed to reaching a settlement without going to court. Mediation is another option where a neutral third party helps you negotiate agreements on contested issues.
Of course, litigation remains available and necessary for couples who cannot reach agreements on important issues. If you've tried to negotiate but remain at an impasse on matters like property division, custody, or support, the court will make those decisions for you. However, even in contested divorces, many issues get resolved through settlement negotiations, and only the truly disputed matters go before a judge. The key point is that litigation isn't the automatic default—it's one option among several, and many Ohio couples successfully end their marriages through more collaborative approaches.
Myth #2: You Need to Prove Your Spouse Did Something Wrong to Get a Divorce
Many people believe that to end a marriage in Ohio, you must prove that your spouse committed adultery, was abusive, abandoned you, or engaged in some other serious misconduct. This might have been true decades ago, but Ohio law has evolved significantly.
The Reality: Ohio offers what's called a "no-fault" divorce option. You can file for divorce based on "incompatibility" without proving anyone did anything wrong. You simply need to demonstrate that you and your spouse can no longer get along, and there's no reasonable prospect of reconciliation. This means you don't need to air your dirty laundry in court or document every marital disagreement.
While Ohio does still recognize fault-based grounds for divorce (like adultery, extreme cruelty, or abandonment), most couples choose the no-fault route because it's generally less contentious, less expensive, and faster. The no-fault option allows couples to part ways with dignity rather than turning the divorce into a blame game.
Ending a marriage is complicated enough without being misled by outdated myths. Understanding that you have options beyond courtroom litigation and that you don't need to prove fault can help you approach your situation with less anxiety and make better decisions for yourself and your family. These alternatives often result in less conflict, lower costs, and faster resolutions.
We regularly assist our clients with navigating the various options available, empowering them to find the best path forward for their family and its unique circumstances.
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