DIVORCE LAW FORUM

    

OHIO DIVORCE LAW

Here you will find Ohio specific divorce information, grounds, divorce law statutes, articles on Divorce law, state laws, child custody, child support, spousal support, visitation, legal separation, dissolution and links to free divorce forms, divorce records, divorce papers, divorce lawyers, divorce attorneys and support calculators.

RESIDENCY REQUIREMENTS AND WHERE TO FILE:

In Ohio a plaintiff must be a resident of the state for at least six months prior to filing for a divorce or annulment. The court of common pleas has jurisdiction of all domestic relations matters, and all actions for divorce and annulment must be brought in the county where the Plaintiff resides. [See Ohio Revised Code Section 3105.011 and 3105.03]

LEGAL GROUNDS FOR DIVORCE:

A divorce may be granted for the following causes: [Ohio Revised Code Section 3105.01]

1)       Incompatibility, unless either party denies incompatibility.

2)       The parties have been living separate and apart for one year.

3)       Either party deserts the marriage for one year.

4)       Either party was married to another person at the time of the marriage.

5)       Adultery.

6)       Extreme cruelty.

7)       Fraudulent contract.

8)       Any gross neglect of duty.

9)       Habitual drunkenness.

10)   Imprisonment in a state or federal correctional institution at the time of filing the complaint.

11)   If a spouse perfects a divorce in another State, and as a result, the party who perfected the divorce is released from the obligations of the marriage, but those obligations remain on the other party.

[See Ohio Revised Code Section 3105.01]

LEGAL SEPARATION:

Ohio courts have the power to grant legal separation on the same grounds as set forth for divorce. A couple may agree to an immediate separation, enter into a legally binding agreement, and make provisions for the support of either of them and their children during a separation.

[See Ohio Revised Code Section 3103.06 and 3105.17]

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SPECIAL PROCEDURES:

Upon its own motion or the motion of one of the parties, at any time after a period of thirty days from the service of summons or first publication of notice in an action for divorce, annulment, or legal separation, the court of common pleas may order the parties to undergo conciliation.  The conciliation shall last for a period of time not exceeding ninety days as the court specifies.  If children are involved in the proceeding, the court may order the parties to take part in family counseling during the course of the proceeding or for any reasonable period of time as directed by the court. This is also true, and can be done at any time after the initial filing when a petition for dissolution is filed. However, until the conciliation or family counseling has concluded and been reported to the court no action for divorce, annulment, or legal separation, in which conciliation or family counseling has been ordered, shall be heard.

[See Ohio Revised Code Section 3105.091]

 

ALIMONY/SPOUSAL SUPPORT:

In Ohio the court may award reasonable spousal support to either party. When it is determining whether,  and in what amount and nature, spousal support is appropriate and reasonable, the court shall consider all of the following factors:

1)       Income of the parties, from any source.

2)       The respective earning capabilities of the parties.

3)       The age and the physical, mental, and emotional conditions of both parties.

4)       Any retirement benefits either party has accrued.

5)       The length of the marriage.

6)       Whether or not the custodial parent of a minor child born issue of the marriage should seek employment outside the home.

7)       The standard of living established during the marriage.

8)       The relative extent and value of education of the parties.

9)       The assets and liabilities of the parties.

10)   Any contributions either party made to the education, training, or earning ability of the other party.

11)   The time, expense and ability of the spouse who is seeking spousal support to acquire the necessary education, training, or job experience so that the spouse will be qualified to obtain employment which will sustain the standard of living established during the marriage.

12)   Any tax consequences, for each party, if an award of spousal support is made.

13)   Whether either party lost income production capacity as a result of that party’s marital responsibilities.

14)   Any other factor that the court finds to be relevant and results in an equitable distribution of assets and liabilities of the marriage.

[See Ohio Revised Code Section 3105.18]

PROPERTY DISTRIBUTION:

Ohio is an equitable distribution state.  This means that any assets or liabilities acquired during the marriage will be considered marital assets or debts. The marital estate shall then be divided as equitably as possible. When determining the division of marital property, the court will consider all of the following factors:

1)       The length of the marriage.

2)       All assets and liabilities of both spouses.

3)       The benefit of awarding the marital residence, or the right to reside in the marital residence for a period of time, to the spouse with custody of children born as issue of the marriage.

4)       The amount of liquidity in the property that makes up the marital estate.

5)       The economic benefit of keeping intact an asset or an interest in an asset that would be less valuable if split.

6)       Any tax consequences that the division of property, or the respective awards to be made to each spouse, would bring about.

7)       The costs incurred in the sale of an asset, if it is unavoidable that an asset be sold to effectuate an equitable distribution of marital estate.

8)       The division or distribution of property made in a separation agreement that was voluntarily entered into by the spouses.

9)       Any other relevant factors that the court finds to be necessary for an equitable distribution of the marital estate.

Separate property not subject to inclusion in the marital estate includes inheritances, property owned before the marriage, passive income or appreciation acquired from separate property during the marriage, property acquired after a legal separation, property excluded by an antenuptial agreement, personal injury awards, and gifts given from a third party to only one spouse.

[See Ohio Revised Code Section 3105.171]

SPOUSE'S NAME:

If the spouse so desires, the court shall, upon motion of the party, restore any name that the person had before the marriage when the divorce is finalized.

[See Ohio Revised Code Section 3105.16]

CHILD CUSTODY:

In Ohio, neither parent is favored for custody of minor children. Both parents may be awarded custody, and the court shall not give preference to a parent because of that parent's financial status or condition. When making a determination of custody the court may allocate parental rights and responsibilities for the care of the children principally to one of the parents and assign that parent the status of residential parent and legal custodian of the child.  Additionally, the court may divide other rights and responsibilities for the care of the children between the parents that the court determines are in the best interests of the child. This includes the responsibility of providing monetary support for the children and the right of the parent who is not the residential parent to have continuing and regular contact with the children.

If either parent submits a shared parenting plan to the court, and if a shared parenting agreement is in the best interest of the child, the court may distribute the parental rights and responsibilities for the care of the child to either or both parents.  Additionally, the court may issue a shared parenting order requiring the parents to share all or some of the physical and legal care of the children according to the shared parenting plan.

When determining the parental rights and responsibilities in a custody suit, the court consider the following factors:

 

1)       The desires of the child;

2)       The desires of the parents of the child in regard to the child's care;

3)       The familial interaction between the child at issue and  any other person who may significantly affect the child's best interest, such as step-children, or other extended family;

4)       How adjusted the child is to the home, school, and community;

5)       The mental and physical health of any persons involved;

6)       Courts will favor awarding custody to the parent more likely to carry out and make arrangements for any court-approved parenting time or visitation and companionship rights;

7)       If either parent has previously been convicted of or plead guilty to any criminal offense involving child abuse or a neglect;

8)       Whether one parent or the other is living in established residence, or is planning to establish a residence, outside this state.

Ohio Courts shall always attempt to award custody in a manner that is in the best interests of the child.  When doing so with a shared parenting arrangement, the court shall consider the following factors:

1)       Whether or not the parents of the child are able or willing to cooperate and make decisions that affect the children jointly.

2)       Whether either of the parents have the ability and willingness to encourage the sharing of love, affection, and contact between the child and the other parent.

3)       Any history of, or potential for, domestic violence, or abuse of the other spouse child, or parental kidnapping by either parent.

4)       The geographic proximity of the parents, and how it will affect the transfer of the child for custody and visitation

5)       Any recommendations from an appointed guardian ad litem of the child, if there is a guardian ad litem appointed in the case.

[See Ohio Revised Code Section 3109.04]

CHILD SUPPORT:

In Ohio a court may order either parent or both to pay support for the children born as issue of the marriage, without regard to marital misconduct. In any support order the court shall include a requirement that one or both of the parents provide health insurance for child.  Additionally, all support payments shall be made to the office of child support in the department of job and family services. The court or agency shall calculate the amount of the obligor's child support payment in accordance with the Ohio Child Support Guidelines worksheet.
 

 

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

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