Divorce

• Ohio recognizes both no-fault and fault divorce. The courts can grant no-fault divorces when spouses have lived apart for at least one year or if the spouses, together, claim that they have become incompatible.
  
  Otherwise, if one spouse contests the divorce, the spouse filing for divorce must establish fault, or grounds. In Ohio, grounds for a fault divorce include: adultery; abandonment for at least one year; cruel and inhuman treatment; a spouse's incarceration; and bigamy (one spouse's being currently married to another person).
  
  

Distribution of Property

• Ohio encourages spouses to reach their own agreement regarding the division of property. Otherwise, Ohio courts determine property awards using "equitable distribution." This means that property is divided fairly, though not necessarily equally. Husbands who are primary income-earners no longer automatically lose half of their property to wives who were homemakers. Under "equitable distribution," property is divided based on several factors, including the length of the marriage, the property's ability to be liquidated and sold, the cost to sell any property, and each spouse's income and assets.
  
  

Spousal Support

• Spousal support is not available in every divorce proceeding in Ohio. The courts decide support case-by-case and grant it if one spouse has a temporary or permanent need. Either the husband or wife may be entitled to support; there is no longer a gender bias. To determine any support award, Ohio courts examine: the length of the marriage; each spouse's age and health, both physical and mental; each spouse's income or ability to earn an income; each spouse's level of education; each spouse's assets; the spouses' standard of living during the marriage; and whether either spouse contributed to the other's education, career or income-earning ability.
  
  

Child Custody

• Parents have equal rights to their children in Ohio. This means that the courts no longer automatically grant custody to the mother; fathers, too, can be awarded custody. Custody is determined according to the best interests of the child. Ohio courts consider the child's preference; each parent's relationship with the child; each parent's, as well as the child's, physical and mental health; whether either parent plans to relocate out-of-state; whether a parent has been interfering with the other's visitation rights; and whether there are any incidences of abuse or neglect.
  
  

Child Support

• Both parents have a responsibility to financially support the child. In Ohio, courts determine the child-support amount based on the parents' total income. The final support amount is adjusted based on the percentage of income each parent contributed to the total income.