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The rules and procedures to follow when seeking a divorce in Ohio

On Behalf of | Oct 11, 2023 | Divorce |

Divorce is a challenging and emotionally charged process that requires careful consideration and adherence to specific rules and regulations.

If you are contemplating a divorce in Ohio, it is important to understand the legal framework governing this process.

Residency requirements

Before filing for divorce in Ohio, ensure you meet the state’s residency requirements. You or your spouse must have lived in Ohio for at least six months before initiating the divorce proceedings. You should also file in the county where you or your spouse resides.

Grounds for divorce

Ohio offers both fault and no-fault grounds for divorce. You can choose a no-fault divorce based on incompatibility or living separately for at least one year, or you may pursue a fault-based divorce, citing grounds such as adultery, extreme cruelty or habitual drunkenness. There are eleven grounds for divorce, and you must cite at least one for an at-fault divorce. Understanding the grounds for divorce is essential, as they can affect various aspects of the divorce, including property division and spousal support.

The petition

Ohio law requires the petitioner to include specific information, such as the grounds for divorce, the identification of both spouses and their children and any requested orders for child custody, support and property division. You need to complete this paperwork accurately to avoid delays in the process.

Temporary orders

During the divorce process, requesting temporary orders to address immediate concerns, such as child custody, spousal support and restraining orders, is common. These orders help maintain stability during the divorce proceedings and ensure the well-being and safety of both parties and any children involved.

Property division

Ohio follows the principle of equitable distribution when dividing marital assets and debts. Equitable distribution means that the court aims to divide property and debts fairly, though not equally. To ensure a fair outcome, gather detailed financial information.

Child custody and support

Ohio courts prioritize the best interests of the child when determining custody arrangements. Be prepared to create a parenting plan outlining visitation schedules, decision-making authority and child support calculations. Courts will review these plans or decide if you and your spouse can not agree.

Filing for divorce in Ohio can be complex, but understanding and following these essential rules can help streamline the proceedings. By adhering to these rules, you can navigate the divorce process in Ohio with greater ease and confidence.