4 Key Points About Divorce in Ohio

People pursue divorces for many reasons. However, the exact qualifications and steps involved depend partly on the state in which you file for divorce. Each state, including Ohio, has its own ways of handling divorce proceedings.

If you live in Ohio and you plan on divorcing your spouse, you need to understand the laws, rules, and general protocols involved so you can work with your divorce attorney as smoothly as possible. Take a look at four key points about getting divorced in Ohio.

1. Requirements for an Ohio Divorce

Ohio imposes different basic divorce requirements depending on the nature of the split. If you and your spouse agree to all the petition's points, you can proceed with a dissolution of marriage based on incompatibility or lack of cohabitation for at least one year. Either of you must have lived in Ohio for at least six months.



If disagreements force you to pursue a fault-based divorce, you must show the same minimum period of Ohio residency before you can file. The fault must also fall under a category recognized by the state. Examples include alcohol abuse, extreme cruelty, bigamy, desertion, gross neglect, and marriage under fraudulent circumstances.

2. The Ohio Divorce Process

The first steps in the Ohio divorce process involve filing the divorce petition and paying a filing fee. The filing fee amount may vary depending on whether you have minor children. If you meet the right low-income standards, you may request for a waiver of this fee.

Once you've filed the petition for a fault-based divorce, you must notify your spouse. The sheriff can serve the divorce notice for you, or you can serve it yourself via certified mail. If you can't locate your spouse to serve the papers, you can have it published in the newspaper.

Dissolution of marriage in Ohio follows a different process than a fault-based divorce. For instance, you don't need to serve notice to your spouse since you both already signed the dissolution papers. However, you must wait at least 30 days between the petition filing and the actual court hearing and final dissolution.

3. Property Division in Ohio Divorces

Ohio divorce courts categorize property as either separate or marital in nature. Separate income includes any assets you obtained before your marriage. It also includes gifts made solely to you during your marriage and property appreciation that didn't stem from your spouse's contributions.

Marital income includes all other property or assets you gained during your marriage, from personal belongings to retirement plans. In most cases, the court will divide marital property equally between spouses. However, financial misconduct on one spouse's part may cause the court to award an extra amount to the other spouse.

4. Ohio Spousal and Child Support

Either spouse in an Ohio divorce case can request a reasonable degree of spousal support. The judge will weigh many factors in determining the support award and schedule. Contributing factors may include the marriage's length, both spouses' income or earning ability, and any projected losses the divorce may cause.

Ohio courts tend to calculate and award child support on the basis of which parent holds custody and the extent of that custody. The parent without primary custody pays the child support. In cases in split custody, the higher-earning parent may pay slightly more to balance out the income inequity.

With few exceptions, Ohio courts require a parent to make at least $80 a month per child in support payments. Beyond that amount, the court will apply a basic support obligation amount based on both parents' adjusted gross income, multiplying the basic obligation by each parent's share income share percentage.

An Ohio divorce forces serious considerations, from meeting the basic requirements and selecting appropriate grounds to ensuring that your children receive the proper financial support. Peterson & Peterson LLC's divorce attorneys have the necessary skills and experience to help you succeed. Contact us today.