Divorce Guide to Ohio

Divorce Guide to Ohio

A woman's guide to getting a divorce in Ohio

OHIO DIVORCE LAWS:

The Residency Requirement: The plaintiff must be a resident of the state for six months before commencing the action, and must reside in the county in which the action is filed.

Grounds: No-Fault: Living separate and apart for at least one year; Incompatibility, unless it is denied by one of the spouses. Fault: One of the spouses was previously married and never got a divorce;  Willful absence of the spouse for at least one year; Adultery; Extreme cruelty;  Fraud; Any gross neglect of duty; Habitual drunkenness; Imprisonment; Your spouse filed for divorce in another state.

Property Division: Ohio is an equitable distribution, dual-classification state, but it welcomes a division of assets agreed upon by the couple. Failing that property will be classified as either separate or marital; separate property must go to the property owner, while marital property will be divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally (click the following for an expert's overview and key tips on dividing up property and assets through divorce).

Alimony: There is no right to alimony in Ohio, but a spouse can request it. The court will take into consideration the circumstances of the parties; the spouses’ ages, education, skills, and health; their standard of living; assets and debits; if one of you contributed to the other’s education, or helped build a business, and other factors.

Child custody and child support: As in all states, the court awards child custody based on “the best interests of the child.” If at least one parent requests shared parenting and files a plan that is in the child’s best interests and approved by the court, the court may issue a shared parenting order. Otherwise, the court will award legal custody to one parent. In determining the best interests of the child, the court will look at 15 factors including: the wishes of the child; the wishes of the parents; the mental and physical health of all persons involved; any history of child abuse or neglect; if either parent plans to move (click the following for an expert's overview and a detailed directory of articles on child custody and child support).

The Ohio child support guidelines are based on an income shares model: the total obligation is divided between the mother and father according to their incomes. These figures are rough estimates only.

For a combined gross monthly income of:

• $2,000, support for one child is $372; for two children, $572; for three children, $639.
• $4,000, support for one child is $590; for two children, $853; for three children, $1,004.
• $5,000, support for one child is $666; for two children, $960; for three children, $1,126.
   

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.