People who are filing for divorce in Ohio have the option of filing either a fault or no-fault divorce. Those who file for a fault divorce must specify which of the fault grounds applies to their marriage. For example, a woman who is filing for a fault divorce because her husband was unfaithful must specify that the husband is to blame for the divorce because he committed adultery. But, most couples choose to file for a no-fault divorce, which means they simply list “irreconcilable differences” as the reason for their divorce.
The Meaning of Irreconcilable Differences
A couple that files for divorce because of irreconcilable differences is admitting that their marriage is broken beyond repair. This is a broad definition that can mean different things to many couples. Some couples may have irreconcilable differences because they have been arguing non-stop over money or how to raise their children. Other couples may choose to file for a no-fault divorce simply because they have grown apart over time and are no longer compatible. Regardless of the reason, the couple must be certain there is no hope for saving the marriage before filing for divorce because of irreconcilable differences.
When to File For Divorce Due to Irreconcilable Differences
People who file for a fault divorce are required to provide evidence that one party is to blame for the divorce. There are only eight fault grounds that are recognized in the state of Ohio, including adultery, willful absence of more than one year, cruelty, habitual drunkenness, neglect, fraud, bigamy, and imprisonment. Therefore, people who are unable to provide evidence that proves their spouse committed one of these fault grounds should not file for a fault divorce. Instead, these couples should choose a no-fault divorce due to irreconcilable differences.
Some couples choose to file for a no-fault divorce based on irreconcilable differences even when they qualify for a fault divorce. For example, a woman who is filing for divorce because her husband was unfaithful qualifies for a fault divorce since her husband committed adultery. But, she could still choose to file for a no-fault divorce to simplify the divorce process, protect their children from a messy divorce, and keep the evidence required for a fault divorce out of the court record.
Are you planning on filing for divorce? If so, let an experienced divorce attorney at Adams Family Law help. Our attorneys will explain the different ways that you can file for divorce, then help you choose the option that is best for you. To schedule a consultation, call 513-929-9333 or email Steven@adamsfamilylaw.com.