The simplest way to obtain a divorce in Ohio involves mutual consent. Both spouses may agree to specific terms, allowing for dissolution proceedings instead of a disputed or litigated divorce. In a dissolution scenario, spouses establish their own terms for everything from property division to child custody. Mutual cooperation is a key component of dissolution. Spouses who don’t agree on important divorce terms generally proceed with a litigated or contested divorce.
What occurs in scenarios where spouses fail to reach an agreement about key divorce issues or one spouse refuses to sign documents?
Judges make the final decisions
The spouse who files the initial divorce paperwork proposes specific terms. The other spouse then has the opportunity to respond by suggesting their own terms that seem more reasonable. If they cannot agree on a compromise, then the case goes to a judge.
Judges look at information about the marital circumstances and the lives of each spouse to determine the best way to handle property division and other key divorce matters. When spouses cannot agree on divorce terms before a hearing in family court, a judge may have the final say in what happens with their property and their children.
What if one spouse ignores the divorce?
People sometimes worry that their spouses might not just contest the terms they propose by refusing to sign paperwork but might go so far as to ignore the divorce finally entirely. Such scenarios can be very frustrating, as people may feel trapped and unable to move on with their lives.
Thankfully, the spouse who filed for divorce can usually ask the courts for their support in that difficult situation. A family law judge can move a divorce case forward without a response from the spouse who did not file. The spouse who files may benefit from the lack of communication on the part of the other spouse. The terms that they propose may strongly influence the final decrees set by the judge.
Whether there is a fight brewing about the terms set for a pending divorce or concerns about a lack of response after legal service, there’s a path forward for someone hoping to exit an unhealthy marriage. A divorce via mutual consent is often the ideal, but it is not the only solution available for those seeking to leave a dysfunctional Ohio marriage.
