In the state of Ohio, divorce operates under a no-fault system. This means that there is no obligation to declare instances of domestic violence to obtain a divorce.
However, if there are allegations of domestic violence, they can significantly influence the divorce process. Safety measures and certain legal considerations come into effect when there are domestic violence charges to consider.
No-fault divorce in Ohio
In Ohio, spouses can seek a divorce without needing to prove that one party was at fault. This means that the dissolution of marriage can proceed without any requirement to state that domestic violence occurred. Ohio’s no-fault divorce system simplifies the process, allowing couples to end their marriage without engaging in potentially contentious legal battles over fault.
Pursuing divorce on fault grounds
Despite being a no-fault divorce state, the alleged victim of domestic violence can opt to pursue divorce on the grounds of “extreme cruelty.” This provision acknowledges the impact of domestic violence within the marriage. The goal is to provide a legal avenue for those who have experienced such circumstances.
Impact of allegations
Allegations of domestic violence can significantly affect divorce proceedings, extending beyond the mere dissolution of the marriage. Firstly, the safety and well-being of the parties involved become paramount. If there are genuine concerns about safety, the court may issue a protection order to ensure your safety and the safety of any dependents involved.
Child custody and Visitation
In cases where there are children to consider, allegations of domestic violence can influence decisions regarding child custody and visitation rights. Courts will always prioritize the best interests of the child. If there is evidence of domestic violence, it may impact the custody arrangement to ensure the safety and welfare of the children.
Division of assets and support
Allegations of domestic violence can also influence the division of marital assets and spousal support arrangements. The court may take into account the impact of the violence on your financial situation and overall well-being when determining support payments and asset division.
Data shows that there were 31,142 domestic violence charges in Ohio in 2023. Domestic violence accusations are unfortunately common, and they can have an impact on your divorce even if you already have a protection order. Knowing what to expect can help you prepare to navigate this challenging situation effectively.