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Oct 18, 2018 · Ohio law provides three ways for a husband and wife to end or alter their marital relationship: legal separation, divorce and dissolution of marriage. (A fourth way—annulment—will not be discussed here.) To obtain a dissolution or divorce, you must live in Ohio for at least six months before filing. The law does not require persons seeking ...
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If you want to know what to expect with a divorce case in Ohio, reach out to the legal team at Axelrod Law Office in Lake County, OH. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation. Understanding Ohio's divorce laws can protect your interests. With our comprehensive guide for 2024.
- Beginner’s Guide to Divorce Laws in Ohio
- Property Issues
- Spousal Support and Child Support
- Custody and Visitation
- Divorce Process
- Other Issues
In Ohio, marriages can end through divorce, dissolution, or annulment. Legal separations are also grantedas part of a possible overall divorce action. Ohio is both a no-fault and fault-based state, meaning that a couple can simply cite irreconcilable differences, or they can cite specific reasons for a divorce such as adultery, cruelty, abandonment...
Marital Property and Division of Assets in Ohio
Ohio is an equitable division state which means property is divided fairly and equitably, but necessarily equally. According to statutes in Ohio, marital property is defined as: 1. All real and personal property owned by either or both spouses and retirement benefits of the spouses that was acquired by either or both of the spouses during the marriage 2. All interest that either or both of the spouses has in any real or personal property and the retirement benefits of the spouses that was acq...
Debts
Ohio courts treat debt division on a case-by-case basis. This means that debts may not be assigned equally in a divorce, even if both spouses are equally responsible for their accumulation. Judges use four basic ways to divide debts: 1. Equally 2. Proportionately to the income of each spouse 3. Assigning debt to the account owner whether or not they were directly responsible for the accumulation 4. Assigning debt to only one spouse who was responsible for the accumulation
Gifts
In Ohio, assets given to one spouse during a marriage that were considered a gift are considered separate property, as long as it can be proven clearly and convincingly that the gift was given to only one spouse. Separate property remains separate in Ohio, even if it is commingled, unless the separate property cannot be traced back to its source.
Spousal Support in Ohio
Spousal support may be made to a current spouse, former spouse or a third party to the benefit of the spouse or former spouse. Upon request and after a division of assets, the courts may award a reasonable amount of spousal support to either spouse. This can be in the form of money, real property or both and can be made in a lump sum or in payments over a period of time. According to Ohio divorce laws, there are several factors that will determine if a spouse should be awarded spousal support...
Child Support in Ohio
The state of Ohio has put in place official child support guidelines that are used to determine the amount of support one or both spouses must pay in a divorce. These guidelines are assumed to be just and correct unless it can be proven that the amount would be inappropriate under the circumstances of a particular divorce. In addition to paying monthly child support, both parents will be responsible for other expenses such as healthcare, childcare, education and other related expenses that ma...
Child Custody in Ohio
Ohio follows guidelines laid out in the Uniform Child Custody Jurisdiction and Enforcement Act when it comes to determining child custody issues. In all cases, decisions will be made based on the best interests of any children involved in a divorce. In most cases, courts prefer that parents work out a suitable arrangement that involves both, but when this does not happen, the courts will step in and make decisions for them. Custody is dictated by determining who has legal custody and who has...
Substance Abuse
Substance abuse may indirectly be used as one of the reasons to seek a divorce in a fault-based divorce action in Ohio. It may fall under one of the legal grounds such as habitual drunkenness, gross neglect of duty or extreme cruelty. It is important to document the presence of substance abuse in a marriage if it will be used as a factor in a divorce. This can be done by testing, testimony from family members or from representatives of social services agencies, or other witnesses who can prov...
Bifurcation of marital status
Bifurcation means that both parties in a divorce can be legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized. Bifurcation of marital status is allowed in Ohio, but courts are generally not in favor of the bifurcation process becau...
Disclosing Assets
Ohio Divorce Financial Affidavits are required in many of the state’s counties. This is the first step in satisfying the need for full and complete disclosure of assets and liabilities so that an equitable distribution of both can take place. Each party in a divorce is required to fill out and file an Affidavit. These documents are used to support Separation Agreements, Dissolution of Marriage Decrees and Divorce Decrees. Those documents typically do not state the value of assets, but a Finan...
Spouse’s Default
When a spouse files a petition for divorce in Ohio and the other spouse cannot be found or does not respond in a timely manner, the court can grant a divorce through a default judgment. The spouse must go to court and testify as to the facts surrounding their divorce before a default judgment can be issued. When a spouse does not respond, they forfeit their right to contest any terms of the divorce, including important issues such as child custody, support, alimony and a division of assets an...
Domestic Violence
Domestic violence in Ohio can include any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other. It can play a factor in a divorce, but those actions are secondary to the immediate safety concerns of a spouse or children who may be in immediate danger. When domestic violence is present in a marriage, a victim can seek immediate relief by requesting an “ex parte” he...
Health Insurance
Ohio law requires that all child support issues must include healthcare covered for children, either by maintaining a current policy or by purchasing a policy at a reasonable cost. Each parent may be required to contribute to healthcare support in proportion to his or her income. According to the Ohio Revised Code, if a child is covered by a spouse’s health insurance plan prior to the initiation of a divorce proceeding, the parent who holds the plan cannot cancel the policy while the divorce...
Infidelity and Adultery
Infidelity and adultery take place when a spouse has sex voluntarily with someone other than their spouse while they are still married. In Ohio, this can be one of the reasons cited in a fault-based divorce. It may have an impact on whether or not to grant a divorce and award alimony, but it does not impact child custody and support decisions. A spouse who does cite adultery will be expected to prove that it took place during the course of the marriage. This proof can come from documents, ema...
The Differences Between Divorce vs. Legal Separation vs. Dissolution of Marriage in Ohio. The bottom line is that legal separation in Ohio keeps your marriage legally intact. Meanwhile, marriage ends in the case of a dissolution of marriage or divorce in Ohio. However, the issues addressed by the court in a final order or agreement of legal ...
According to Ohio state statutes, the following grounds must be proven for a divorce: Bigamy. Adultery. Married under fraud. Extreme cruelty. Habitual drunkenness. Abandonment for one year or more. Imprisonment in a federal or state institution when the divorce complaint was filed. For an uncontested divorce, both parties must agree that they ...
Feb 28, 2024 · This statute outlines the local laws on the dissolution of marriage and a contested divorce. Chapter 3105 also details the procedural rules for divorce and dissolution proceedings in Ohio: Residency requirements: You must have lived in Ohio for at least six months to file for divorce/dissolution. Waiting period for divorce: There is no waiting ...
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The process for getting a divorce is different if you have dealt with abuse. Decide where—and whether—you can get divorced. In order to get divorced in Ohio, you must meet these requirements: You or your spouse must have lived in Ohio for at least 6 months. You or your spouse must have lived in the county where you are filing for at least ...
