Ohio Divorce Requirements
- Divorce cases in Ohio are heard by the Court of Common Pleas.man and woman divorced image by Ivonne Wierink from Fotolia.com
There are three kinds of divorce granted in the state of Ohio. No fault divorces, or the dissolution of a marriage, require that the couple live apart without interruption for at least one year. Incompatibility divorces are granted when neither party contests the divorce. Fault divorces require a cause listed in the law. The Court of Common Pleas in the complainant's county of residence hears Ohio divorce cases. - Residency of the spouse has no bearing in an Ohio divorce.Carte Etats Unis Camaieu Rose image by Aimohy from Fotolia.com
To obtain an Ohio divorce, the spouse filing for a divorce must be a resident of Ohio for at least six months. The court does not consider the residency of the defendant. The court clerk will publish the announcement using the Rules of Civil Procedure if the residency of the defendant is not known. - A full list of legal causes is found in the Ohio Revised Code.case law #2 image by stassad from Fotolia.com
A legal cause is required for the granting of a fault divorce. Ohio Revised Code, Chapter 3105 contains the list of legal causes. Legal causes include having another spouse during the marriage, a spouse involved in an extramarital affair, habitual drunkenness or extreme cruelty. Other legal causes of divorce in Ohio are imprisonment or neglect. - The family home generally goes to the spouse that has custody of the children.waterfront properties image by MAXFX from Fotolia.com
Ohio courts determine the division of marital property. This property consists of any assets or debts that are acquired during the marriage. The court will divide the property equally unless it determines that an equal division would be unfair to one person or the other. Assets a spouse had before the marriage and inherited property to one spouse during the marriage are thought of as separate property and are not included in the division. The judge will consider several factors during the division of property, including how long the marriage lasted, who is retaining custody of the children and any voluntary agreements is made between the couple. - Spousal support can be awarded in Ohio.money money money III image by imagenation from Fotolia.com
The court can award spousal support in Ohio. To award support the court will consider the current means of spouses, the standard of living that the couple has established and the education of both parties. The court may grant temporary relief to one spouse to allow that spouse time to seek employment or a college degree. This temporary support can be adjusted when circumstances change for the spouse. - The judge will decide who the children live with.sad girl image by Lisa Eastman from Fotolia.com
The court will look at several factors when determining custody of any children. These factors include the wishes of the child, the wishes of the parents and the physical and mental health of all involved. The court may decide on joint custody or shared parenting, as it is called in Ohio. When joint custody is awarded in Ohio the judge looks at the interaction between the parents, and if there are any previous incidents such as abuse or violence, which would make joint custody a poor choice for the child.
Residency
Legal Causes
Marital Property
Spousal Support
Child Custody
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