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OHIO BARRISTER . . .your trusted source for answers to your legal questions. Find qualified legal counsel, answers to law related questions including Medical Malpractice, Wrongful Death, Probate, Estates, Accidents, Injuries, Divorce, Custody, Family Law, Living Wills, Medical Power of Attorney, Advance directives, DUI, Drunk Driving, Criminal, Appeals, Post-Conviction relief, Record Sealing, Expungement, and many other issues important to you and your family! Find information about offenders and predators in your community.
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LAW OFFICES OF DAVID H. DAVIES
David H. Davies, Attorney at Law
800-953-2003
440-953-2000
ddavies@ohiobarrister.com
FAMILY LAW
This topic encompasses a wide variety of very important situations. included are the following:
Divorce, Dissolution, Annulments, Legal separation. Child custody and visitation, Child support, Spousal support (alimony), Paternity, Adoption, Name changes, Pre-nuptial agreements, Guardianships.
If you need aggressive, knowledgeable representation to help you successfully emerge from the tangles of a marriage that has gone bad, call 440-953-2000 for strictly confidential answers to your important questions.
A marriage can be legally ended by (1) the death of a spouse (2) divorce (3) dissolution or (4) annulment.
A Divorce is obtained by filing a law suit against your spouse. It is you vs. him or her. In the law suit, the plaintiff (the person who files the law suit) must claim that facts exist which satisfy the legal requirements (causes) for a divorce. In Ohio the list of causes can be found in the Ohio Revised Code Section 3105.01 :
3105.01 Divorce causes.
The court of common pleas may grant divorces for the following causes:
(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
(B) Willful absence of the adverse party for one year;
(C) Adultery;
(D) Extreme cruelty;
(E) Fraudulent contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.
Ohio Law also allows you to end your marriage by dissolution.
A dissolution is not a law suit. It is not you vs your spouse. It is you and your spouse together asking the Court to end the marriage. It must be a mutual request and you must follow the steps set forth in the Ohio Revised Code.
For a dissolution, you and your spouse must agree to the terms of a separation agreement according to the provisions of Ohio Revised Code Section 3105.63 which reads as follows:
3105.63 Separation agreement provisions.
(A)(1) A petition for dissolution of marriage shall be signed by both spouses and shall have attached and incorporated a separation agreement agreed to by both spouses. The separation agreement shall provide for a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement. If there are minor children of the marriage, the spouses may address the allocation of the parental rights and responsibilities for the care of the minor children by including in the separation agreement a plan under which both parents will have shared rights and responsibilities for the care of the minor children. The spouses shall file the plan with the petition for dissolution of marriage and shall include in the plan the provisions described in division (G) of section 3109.04 of the Revised Code.
(2) The division of property in the separation agreement shall include any participant account, as defined in section 148.01 of the Revised Code, of either of the spouses, to the extent of the following:
(a) The moneys that have been deferred by a continuing member or participating employee, as defined in that section, and that have been transmitted to the Ohio public employees deferred compensation board during the marriage and any income that is derived from the investment of those moneys during the marriage;
(b) The moneys that have been deferred by an officer or employee of a municipal corporation and that have been transmitted to the governing board, administrator, depository, or trustee of the deferred compensation program of the municipal corporation during the marriage and any income that is derived from the investment of those moneys during the marriage;
(c) The moneys that have been deferred by an officer or employee of a government unit, as defined in section 148.06 of the Revised Code, and that have been transmitted to the governing board, as defined in that section, during the marriage and any income that is derived from the investment of those moneys during the marriage.
(3) The separation agreement shall not require or permit the division or disbursement of the moneys and income described in division (A)(2) of this section to occur in a manner that is inconsistent with the law, rules, or plan governing the deferred compensation program involved or prior to the time that the spouse in whose name the participant account is maintained commences receipt of the moneys and income credited to the account in accordance with that law, rules, and plan.
(B) An amended separation agreement may be filed at any time prior to or during the hearing on the petition for dissolution of marriage. Upon receipt of a petition for dissolution of marriage, the court may cause an investigation to be made pursuant to the Rules of Civil Procedure.
(C) If a petition for dissolution of marriage contains an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement, the modification shall be in accordance with section 3105.18 of the Revised Code.
Effective Date: 03-22-2001
A Marriage can be annulled under the provisions of Ohio Revised Code Section 3105.31 Which provides the following:
3105.31 Causes for annulment.
A marriage may be annulled for any of the following causes existing at the time of the marriage:
(A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife;
(B) That the former husband or wife of either party was living and the marriage with such former husband or wife was then and still is in force;
(C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;
(D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife;
(E) That the consent to the marriage of either party was obtained by force, unless such party afterwards cohabited with the other as husband or wife;
(F) That the marriage between the parties was never consummated although otherwise valid.