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P. Simmons
P. Simmons, Lawyer
Category: Family Law
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Experience:  16 yrs. of experience including family law.
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My sisters husband just told her he wants a divorce. They

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My sister's husband just told her he wants a divorce. They live in Ohio. His reasoning is that he has not been in love with her for 7 months. They have been married for 18 months. He has a drinking problem and refuses to try counseling to reconcile their marriage. What does she need to do? Does she have to file for legal separation first or can she just file for divorce? Any help you can offer would be greatly appreciated.
Submitted: 4 years ago.
Category: Family Law
Expert:  P. Simmons replied 4 years ago.
She can file for divorce. There is not a "waiting period" or separation requriement in OH.


Now, a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.


SO if she agrees to the terms, this can be relativly easy and not cost much at all.

The costs escalate when they can not agree and they need to hire an attorney to "fight it out"

If they can agree, I would recommend a "kit" like this one

http://www.legalzoom.com/legal-divorce/divorce.asp?sState=Ohio





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P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26547
Experience: 16 yrs. of experience including family law.
P. Simmons and 2 other Family Law Specialists are ready to help you

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