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Henry Dahut, J.D.
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Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted, the divorce courts in Ohio have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of property.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
While this summary of Ohio state divorce laws and process will provide you with a good starting point, it should not be a substitute for retaining or obtaining the advice of an experienced Ohio Divorce lawyer who can discuss your goals, the facts and circumstances of your case and the legal issues it presents.
Residency Requirements
The plaintiff must be a resident for at least six months before filing for a divorce or annulment. The court will have jurisdiction over all domestic relations matters, and all actions for divorce and annulment shall be brought in the proper county.
Grounds For Divorce
Statutory fault is also available, but the parties are expected to resolve as many issues as possible before proceeding to court. In this regard, divorce mediation is strongly recommended to resolve as many issues as possible.
Separation
The court may grant legal separation on the same grounds as for divorce. A husband and wife cannot alter their legal relations by any contract with each other, except that they may agree to an immediate separation and make provisions for the support of either of them and their children during the break.
Grounds For Divorce
The following causes are the statutory grounds for divorce. As stated above, it includes both no-fault and fault criteria for termination of the marriage:
- Living separate and apart for one year
- Desertion for one year
- Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
- Adultery
- Extreme cruelty, including domestic violence
- Fraudulent contract
- Any gross neglect of duty
- Habitual drunkenness
Property Distribution
Property Division: Ohio is an equitable distribution state, meaning that the marital estate shall be divided equitably.
In dividing marital property, the court shall consider all of the following factors:
- The duration of the marriage
- The assets and liabilities of the spouses
- The desirability of awarding the family home, or the right to reside in the family home for reasonable periods, to the spouse with custody of the children of the marriage
- The liquidity of the property to be distributed
- The economic desirability of retaining intact an asset or an interest in an investment
- The tax consequences of the property division upon the respective awards to be made to each spouse
- The costs of sale, if an asset must be sold to effectuate an equitable distribution of property
- Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses
- Any other factor that the court expressly finds to be relevant and equitable
Separate property not subject to property division includes inheritances, property owned before the marriage, passive income or appreciation acquired from the particular property during the marriage, property acquired after legal separation, property excluded by a prenuptial agreement, personal injury awards or settlement, and gift awards or gifts expressly given to only one spouse.
Alimony – Spousal Support
The court may award reasonable spousal support to either party. In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:
- The income of the parties from all sources
- The relative earning abilities of the parties
- The ages and the physical, mental, and emotional conditions of the parties
- The retirement benefits of the parties
- The duration of the marriage
- How appropriate it would be for the custodial parent of a minor child of the marriage to seek employment outside the home
- The standard of living established during the marriage
- The relative extent of education of the parties
- The relative assets and liabilities of the parties
- The contribution of each party to the education, training, or earning ability of the other party
- The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment
Child Support
The court may order either or both parents to support or help support their children without regard to marital misconduct.
The court shall include in each support order the requirement that one or both of the parents provide for the child’s health care needs to the court’s satisfaction. All child support payments shall be made through the child support office in the Department of Job and Family Services.
The court or agency shall calculate the obligor’s child support obligation by the Ohio basic child support schedule
Same-Sex Divorce
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges. (For more information, visit ProCon.org).
Watch Ohio Attorney Courtney Hanna Discuss The Legal Resources For A Cheating Spouse:
Ohio Child Support Enforcement
30 East Broad Street, 31 st Floor
Columbus, Ohio 43215-3414
Customer Service: (800) 686-1556
Fax: (614) 752-9760
Ohio Family And Domestic Relations Courts
Ohio’s Domestic Relations Division of the Common Pleas Court has jurisdiction over family law cases.
Sources and References
Cornell Law Institute – Divorce Law
