Understanding how a divorce proceeds in Ohio is important. The process can be complicated and in many cases, an attorney’s advice can be quite valuable. For example, a divorce without fault is called a dissolution. For a divorce, there must be fault, which are also called grounds for divorce.
According to Ohio state statutes, the following grounds must be proven for a divorce:
For an uncontested divorce, both parties must agree that they were either separated for a year or more or that they were incompatible with the marriage.
The plaintiff or the filing party must have been a resident of Ohio for six months. The petition must be filed in the county where the plaintiff is living. It does not matter where the couple was married or where an action occurred that would count as grounds for the divorce.
Ohio is a state that uses “equitable distribution” to determine property division. This means that the property will be divided fairly, but that does not necessarily mean equally. The court encourages parties to determine property division between themselves, but if an agreement cannot be reached, then the court will divide the marital property.
There are several factors that are considered when a court must divide marital property. These factors include:
Marital misconduct is not considered when it comes to the awarding of child support. The court uses the Income Shares Model in order to determine the amount of child support. Financial information is gathered from each party, and there are many other factors that are considered, such special or unusual needs or disparities in income.
The court will create a custody order if the parents cannot come to an acceptable agreement. In all cases, the court will determine what custody arrangements are in the best interest of a child. This may not be in agreement with what the parents believe is in the child’s best interest or their own.
Not all divorce cases in Ohio will qualify for spousal support. The support may be ordered on a permanent or temporary basis and it may be paid monthly or in a lump sum. There are a number of factors the court considers when it comes to spousal support. These include how long the couple was married, the financial standing of each spouse, how long it would take a spouse to complete training or education to become employable, marital misconduct, if any, and more.
As you can see, divorce in Ohio is complex. An experienced family law attorney can provide advice and guidance while protecting your rights and the rights of your children.