Divorce law for state of ohio
While the process might seem overwhelming, familiarizing yourself with the different types of divorce will help you navigate the legal system with more confidence.
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- Pursuing a Fault-Based Divorce in Ohio.
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This article provides a general guide to divorce in Ohio. To file for divorce in Ohio, at least one party must have lived in the state for at least six months before filing. Unlike most states, Ohio also requires that one spouse resides in the filing county for at least 90 days. Ohio allows both fault-based and no-fault divorce. The majority of couples choose a no-fault divorce because it avoids assigning blame or delving into embarrassing facts. Instead, you can choose one of two no-fault grounds , which include:.
There is a second no-fault option available for Ohio couples who want to pursue a no-fault divorce and have agreed on all their property and custody issues, which is known as a dissolution of marriage. This type of divorce allows you to speed up the process and typically ends up saving both sides considerable money. You or your spouse must have lived in the state for at least six months, but you can file your case in any county.
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To file a divorce in Ohio, you will need several forms. Ohio does not have a uniform list of domestic relations forms, so it's important to consult your specific county for a checklist of forms. At a minimum, you must file the following:. Additionally, any Ohio case involving minor children must include a parenting proceeding affidavit, which requires the filing spouse to provide information about the child's residence for the preceding five years and a health insurance affidavit. A dissolution of marriage involves the cooperation of both parties. If you choose to end your marriage via dissolution in Ohio, you must file the majority of your forms upfront, before the clerk assigns you a case number.
Your dissolution must include the following documents:. If you have minor children, your dissolution must also include the following documents and forms in addition to the ones above:. After you've gathered all the required forms, you must file them with the clerk of court in the county where you wish to proceed.
To pursue a dissolution of marriage, you must attach your settlement agreement to your petition as an exhibit. If you have minor children, you must also include your shared parenting plan in your initial filing.
Understanding Your Divorce
Ohio law requires that the filing spouse serve the other side with copies of all divorce documents. You can accomplish service through certified mail, registered mail, private process service, or sheriff's service.
If you don't know your spouse's current whereabouts, you can also publish notice of the divorce in your local newspaper. There is no service requirement in dissolution cases, as both spouses go into the case with full knowledge of the process and an agreement regarding all the issues. They also waive their right to service of process of the petition itself. Once you've filed your petition and all relevant forms, the court will automatically schedule a final hearing between 30 and 90 days from the date of filing. Ohio law requires both spouses to make a complete disclosure of all income, assets, and debts.
Some counties have their own unique pretrial statement forms that incorporate financial disclosures. In a majority of counties, spouses can exchange financial information via an affidavit of income, expenses, and property, which both sides must fill out and exchange with one another. Ohio is one of a number of states that allows residents the option to pursue fault-based grounds for divorce or pursue a no-fault divorce.
In order to pursue a fault-based divorce in the State of Ohio, you must establish grounds. What does that mean? Grounds establish the basis for blaming your spouse for the breakdown of the marriage. Each state establishes which grounds are valid for an at-fault divorce.
Divorce in Ohio – FAQs
There are some states that do not allow any grounds for pursuing a fault-based divorce. In Ohio, those grounds are:. You have to be properly motivated to do so. In most cases, fault-based divorces cost more because they last longer.
Divorce Support - Ohio Divorce Laws
Attorney fees will pile up. Nonetheless, if you are sincerely and justifiably angry with your spouse, it will give you court validation to pursue fault.
It will also help you when it comes time to distribute property. One of the best reasons to pursue fault is because you believe that your former spouse is a danger to the children.
In that case, fault-based grounds can be just the leverage you need to remove them from the equation. It is, however, likely that your former spouse will retain counsel and dispute whatever grounds you offer to the court. In the event that the court determines that you do not have grounds to pursue a fault-based divorce, then you will be required to file for a no-fault divorce.
The court considers a number of factors when calculating alimony or spousal support in Ohio. It will depend on the judge and your individual situation. Comunale Law Firm can help you make these and many other decisions as you contemplate the next chapter of your life. Contact us soon and we can begin discussing your options. Providing over 20 years of quality, experienced legal services for Dayton Ohio and all of the Miami Valley.
Attorney Advertising. This information is designed for general information only. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such.