Divorce can feel confusing and overwhelming, especially when you first start learning about the process. If you are thinking about ending a marriage in Columbus, Ohio, one of the first things you will hear about is fault versus no-fault divorce. Understanding the difference can help you make informed decisions and avoid unnecessary stress as you move forward.
Ohio law allows both fault-based and no-fault divorces. Each option follows a different path and can affect how long the case takes, how disputes are handled, and how much conflict may arise. Knowing what to expect can help you choose the approach that best fits your situation.
Understanding No-Fault Divorce in Ohio
A no-fault divorce allows spouses to end their marriage without placing blame on either party. In Ohio, the most common no-fault ground is incompatibility. This means the spouses no longer get along and the marriage cannot continue. Another no-fault option is living separate and apart for at least one year without cohabitation.
No-fault divorce is often simpler and less confrontational. It does not require proving wrongdoing, which can save time and reduce emotional strain. Many couples choose this option when they want to resolve issues cooperatively or when fault is not necessary to reach fair outcomes.
No-fault divorces are common in Columbus because they allow couples to focus on practical matters instead of blame.
What Is a Fault-Based Divorce in Columbus, OH?
A fault-based divorce requires one spouse to prove that the other caused the breakdown of the marriage. Ohio law recognizes several fault grounds that must be supported by evidence.
Common fault-based grounds include:
- Adultery
- Extreme cruelty
- Habitual drunkenness
- Gross neglect of duty
- Fraud
- Imprisonment
These grounds can be difficult to prove and often involve testimony, documents, or witnesses. Because of this, fault-based divorces can take longer and increase conflict between spouses.
Fault-based divorces are sometimes used when one spouse believes misconduct should affect property division or spousal support. However, they also tend to increase legal costs and emotional stress.
Key Differences Between Fault and No-Fault Divorce
The main difference between fault and no-fault divorce is whether blame must be proven. No-fault divorces focus on ending the marriage, while fault divorces focus on wrongdoing.
Other differences include:
- Level of conflict involved
- Length of the divorce process
- Need for evidence and witnesses
- Impact on settlement negotiations
These differences can shape the overall experience of the divorce. Choosing the right path depends on your goals, the relationship dynamics, and the issues involved.
Understanding these distinctions early can help you avoid surprises and plan more effectively.
How the Divorce Process Works in Columbus
The divorce process in Columbus begins when one spouse files a complaint for divorce in the local court. The other spouse must be served and given time to respond. From there, the case may involve exchanging financial information, negotiating agreements, or attending hearings.
Issues that must be resolved include:
- Property division
- Spousal support
- Parenting time and decision-making
- Child support
Many cases settle before trial through negotiation or mediation. Others may require court involvement if disputes remain. The process can move faster when both spouses cooperate and agree on major issues.
Knowing the steps helps reduce uncertainty and keeps expectations realistic.
Does Fault Affect Property or Support Decisions?
Many people assume that fault will automatically change how property or support is decided. In Ohio, this is not always the case. Courts primarily focus on fairness and financial circumstances when dividing marital property.
Fault may be considered in limited situations, especially if misconduct caused financial harm or affects spousal support decisions. For example, extreme behavior that impacted the family’s finances may be relevant.
However, fault alone does not guarantee a better outcome. In many cases, the results are similar whether the divorce is fault-based or no-fault. Understanding this can help you decide whether pursuing fault is worth the added time and stress.
Contact the Columbus Divorce Lawyers at Atkins And Atkins, Attorneys At Law, LLC for Help Today
Deciding between fault and no-fault divorce is an important step in ending a marriage. The right approach can affect how smoothly the process moves and how stressful it feels. Understanding Ohio divorce law helps you make choices that fit your goals and protect your future.
If you are considering divorce in Columbus, Atkins And Atkins, Attorneys At Law, LLC is here to help. Our Columbus divorce attorneys offer free consultations and can explain your options, answer your questions, and guide you through every stage of the process. Contact us today to learn how we can help you move forward.
We serve all through Franklin County and its surrounding areas in Ohio. Visit our office at:
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
