Divorce Attorney in Elyria, OH
Our Divorce Attorney at Sylkatis Law focuses on divorce and dissolution proceedings in Lorain, Elyria and surrounding communities to include Erie, Lorain and Cuyahoga counties.
Grounds for Divorce
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
- Either party had a husband or wife living at the time of the marriage from which the divorce is sought
- Willful absence of the adverse party for one year
- Extreme cruelty
- Fraudulent contract
- Any gross neglect of duty
- Habitual drunkenness
- Imprisonment in a correctional institution at the time of filing the complaint
- Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
- When the parties have, without interruption for one year, lived separate and apart without cohabitation
- Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.
Motions Filed in a Divorce by a Divorce Attorney
Often times, when you file for divorce, your divorce attorney may request the court grant temporary orders while the matter is pending. These temporary orders requested by your divorce attorney can include child custody, child support, spousal support, and other related financial matters. A divorce attorney can also obtain restraining orders to prevent physical or verbal abuse as well those to prevent the parties from disposing of marital assets.
Resolving a Divorce with a Divorce Attorney
Divorce cases in Ohio resolve either through settlement by the parties or a trial to a judge or magistrate . If the parties settle their divorce matter, they decide many if not all of the terms of their divorce settlement. These terms then become a part of the court’s order. If the divorce remains contested the parties will have a trial on the grounds of the divorce and there will be testimony to determine the parties’ assets, child custody, spousal support and other matters under contention.