When you end a marriage, there is a legal process you must go through. The legal term for divorce in Ohio is "dissolution of marriage." The Ohio Court of Common Pleas handles divorce proceedings. The exact nature of your divorce proceeding is going to vary depending on whether you and your spouse are able to agree on aspects of the divorce outside of court, and on what issues need to be determined. However, there are some general guidelines to be aware of under the divorce laws in the state of Ohio.
Who Can File for Divorce in Ohio?
Ohio only wants to preside over divorces when it has a legitimate interest in the divorce. "Forum shopping," or coming to Ohio simply to get a divorce in the state, is not permitted. To ensure that the state has a legitimate interest in overseeing the divorce proceedings, Ohio has instituted a residency requirement. Under this requirement, the spouse wanting a divorce has to be a resident of the state for at least six months before filing.
Must We Be Separated First?
There is no requirement for a period of legal separation in the state of Ohio prior to filing for a divorce.
How Much Does It Cost?
The exact cost of your divorce is going to vary depending on the complexity of your case, since the bulk of the cost of most divorces is for legal fees. There are, however, some general court costs and fees to be aware of. Dissolution of marriage without children costs around $200 in court fees on average, and dissolution with children costs around $265. Fees in different counties may vary.
How Long Will It Take?
There is no specific waiting time in Ohio between the time papers are filed and the time the divorce will become final. However, there is a 30 day waiting period after the other spouse is served the legal documents before the divorce proceeding will be scheduled. If the divorce is contested and issues are litigated, the divorce process may take a very long time, sometimes months or even years depending on how long it takes to fully resolve all issues.
Do I Need Grounds for Divorce in Ohio?
"Grounds" is essentially legal speak saying that there is a reason for your divorce. Technically, you always need to list something as "grounds for divorce" when you file. However, there are two types of "no fault" grounds in Ohio, which means you do not necessarily need to prove that any specific action or event led to the divorce. There are also fault grounds as well, if you wish to prove fault. There are nine grounds for divorce that are fault-based.
Is It Better if I Have Grounds for Divorce?
You do have to have some grounds for divorce, even if those are no fault grounds. Selecting fault grounds doesn't necessarily help you in Ohio, and it can be more difficult for you to obtain a fault divorce as a result of the fact that you will actually need to prove fault if your spouse contests it. This can mean it is simpler to file for a no fault divorce.
What Are Grounds for Divorce?
There are two types of no fault grounds in Ohio. No-fault grounds are:
- Incompatibility
- A one year separation without cohabitation
Fault based grounds include:
- Adultery
- Extreme cruelty
- Marriage to another
- Desertion for one year
- Habitual drunkenness
- Fraudulent contract
- Neglect of duty
- Out of state divorce
- Imprisonment
Can I Get Temporary Support during the Divorce?
Ohio law allows for the request of temporary spousal support during divorce proceedings. This is called "spousal support pendente lite." The request for temporary support will be granted based on the court's evaluation of need.
How Is Marital Property Handled in Divorce in Ohio?
Ohio is an equitable distribution state. This means that marital property is divided fairly but not necessarily equally. Factors that influence the court's decision on the division of property include:
- Length of the marriage
- Liabilities and assets
- Tax consequences
- Need to award the family home for the custodial parent and the children
- Liquidity of the property to be divided
- The cost of selling any assets
How Are Retirement Assets Divided?
Retirement assets are considered to be marital property and each spouse may be entitled to a portion of those retirement accounts. However, federal laws govern many types of retirement accounts and some cannot be withdrawn and divided at the time of divorce. For example, unvested plans are only available when they are payable to the earning spouse. In such cases, a Qualified Domestic Relations Order (QDRO) is needed to ensure equitable distribution of the retirement account at the time when it becomes payable. A QDRO ensures that the un-earning spouse will get a share at retirement time.
What Are the Child Support Guidelines in Ohio?
The Income Shares Model is used to calculate child support in Ohio. This model involves a four part process:
- The total income of both of the two parents is added together.
- A table or grid that evaluates household money spent in the care of children is used in order to derive the "basic support requirement," based on the combined total income of both parents.
- Actual expenses for the care of the child are added to the number derived from the use of the table/grid in order to assess what the total cost of supporting the child is.
- This cost is divided up among the parents based on the percentage of the income they earn.
This basic formula is generally used, but the court may also consider other factors like any special expenses involved in caring for the child and/or any other obligations each parent may have, like the need to pay upkeep to another child or spouse.
Child support will generally continue until the child reaches 18 unless he or she is emancipated before then (i.e., if the child gets married or becomes self-supporting). Child support can also continue after the age of 18 if the child is still attending high school or is disabled.
What About Spousal Support or Alimony?
Alimony or spousal support is awarded if there is a disparity in the income of the spouses and/or a disparity in the earning potential of the spouses. When determining spousal support, the court will consider several factors including:
- Income of both parties
- Length of marriage
- Earning abilities of both parties
- Age and health conditions of both parties
- Retirement benefits
- Standard of living during marriage
- Assets and liabilities
- Tax consequences
Can We Reach a Marital Settlement Agreement out of Court?
Whether you are able to reach a settlement agreement outside of court is going to depend on your ability to decide issues of property division and custody with your spouse. Ohio encourages parents to arrive at a settlement agreement outside of court, which the court will then formalize upon granting the divorce.
What Happens if We Can't Agree on Settlement Terms?
If you are not able to agree on settlement terms, you may wish to use a mediator. Many courts in Ohio actually require divorcing parties to try mediation. When you elect to use mediation, fees for hiring the mediator start at around $150 an hour. This can still save you money, because if you are unable to arrive at a settlement with the help of a mediator or otherwise settle outside of court, you will need to litigate the issues you are not able to resolve.
Other Important Considerations in Ohio Divorce Cases
One other important consideration in Ohio divorce is what role prenuptial agreements play. Prenuptial agreements are enforceable in Ohio as long as they are valid. This means they are going to be enforced if they were signed without force, coercion or under duress.
Getting Help
Divorce is emotionally stressful and legally complicated. If you are undergoing a divorce in Ohio, you should consider getting legal help to guide you through the process. Your lawyer will ensure your rights are protected and will do everything possible to get you the settlement you deserve.
