Ohio State Divorce Law

A Petition for Dissolution of Marriage or a Complaint for Divorce must be brought in the county Court of Common Pleas where the petitioner has been a resident for at least 6 months.

Ohio Grounds for Divorce

Ohio is a mixed state, which means that they grant divorces either on no-fault grounds, or on fault-based grounds, depending on the circumstances.

Uncontested Divorce in Ohio

In Ohio, an uncontested divorce is called a dissolution of marriage and is a much simpler process than a complaint for divorce. There are several requirements in order to utilize the dissolution of marriage:

• It must be a no-fault action
• Both spouses must agree on all the terms of the dissolution
• Each party retains the right to stop the dissolution and convert it to a divorce at any time.

In addition, an uncontested divorce may occur when the petitioner files the complaint, but the respondent does not answer; although, a hearing is still required. An uncontested divorce may also occur when the process begins as a contested divorce, but the parties resolve their conflicts and reach an agreement before the hearing.

Contested Divorce in Ohio

A contested divorce is much more difficult, time consuming, and costly, because there are conflicts that must be resolved, either through negotiation and compromise, or by order of the judge at the final hearing. These actions generally require the counsel of a divorce attorney.

Annulment in Ohio

If a marriage is based on illegal grounds, one or both parties may seek an annulment in Ohio. The process results in a declaration that the marriage never took place. The grounds for an annulment include:

• Underage marriage, when one or both parties are under 18 without parental consent or under 16 even with parental consent
• Bigamy
• Mental incapacitation, either permanent or partial, that adversely affects the marriage
• Impotency
• Incest

No Fault Divorce in Ohio

A no-fault divorce in Ohio can be obtain based on the following grounds:

• Proof that the couple has lived separate and apart for 1 year or more
• Incompatibility, unless one of the parties denies it

Ohio Fault Divorce

Ohio fault-based divorces must be based on one or more of the following grounds:

• Bigamy
• Wilful absence for 1 year or more
• Adultery
• Cruelty
• Fraud
• Gross neglect of duty
• Habitual drunkenness
• Imprisonment
• Obtaining a divorce in another state

Ohio Divorce and Child Custody

Child Custody Laws

The court’s first consideration in Ohio is the best interests of the child. However, there are additional factors that the court may consider:

• The parents’ and the child’s wishes
• The child’s relationship with parents, siblings, and other persons who may have an effect on the child’s best interests
• The child’s ability to adjust to the home, school, and community
• The health, both mental and physical, of all parties
• The parent that is considered by the court to be more likely to facilitate visitation and companionship rights
• Any missed child support payments
• Any criminal offenses relating to child abuse or neglect
• Whether either parent has denied the other their visitation/parenting time
• Whether either parent is planning to relocate outside the state

Child Alimony

Ohio courts may order child support payments by either parent, with no consideration of marital misconduct. In general, the court uses the official state child support guidelines to determine if, and how much, child support should be awarded. Those calculations may be adjusted if there are extenuating circumstances, such as:

• The child’s special needs
• Parents’ obligations for other minor or handicapped children
• Parents’ other court-ordered payments or wage deductions
• Extra costs for visitation
• The parents’ income, obligations, earning capacity, and needs, as well as the difference in income between the parents
• Additional assets parents receive from new spouses or sharing expenses with others
• Tax obligations
• The extra contributions of one parent for the child’s additional activities or needs
• The child’s assets and earning capacity
• The standard of living the child would have enjoyed if it were not for the divorce, as well as the standard of living of each parent
• The child’s physical, emotional, medical, and educational needs and condition
• The child’s age
• The value of the contributions of the custodial parent
• Parents in Ohio use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.

Ohio Divorce Spousal Support

If courts must determine the amount and duration of spousal support payments, they generally consider a number of factors:

• The parties’ income, earning capacity, and retirement and pension benefits
• The parties’ ages and health
• The length of the marriage
• If it would be appropriate for the custodial parent of minor children to work outside the home
• The marital standard of living
• The parties’ education
• The parties’ assets and liabilities, including other support payments
• The contribution of one party to the earning ability of the other party
• The time and expense of equipping the dependent party to find appropriate employment
• The tax implications
• Any dissipation of marital assets

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Ohio

Spouses in the military are protected by Ohio law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From a Ohio Divorce Lawyer

There are complexities to even the simplest divorce that may not at first be apparent. But in contested divorces when a party believes their rights are not being protected, it is especially important to have an advocate who understands those rights and can stand up for them in negotiations or divorce hearings.