You should have a basic understanding of how divorce works in Ohio before you decide to file for divorce. The Ohio divorce statutes and local court rules are good resources for a womens guide to divorce laws. Also, there are numerous books and guides that can be found at the local book store or on the Internet. It’s also a good idea to speak with an Ohio divorce attorney to find out your rights and responsibilities.
Basic Information
Once you find a resource that helps you understand the basic Ohio divorce laws, you can use that as your women’s guide to divorce. You should be aware of Ohio residency requirements. Ohio requires that either you or your spouse be a resident of the state for six months prior to filing for divorce, and that you reside in the county where you file. There are no fault and fault grounds.
Grounds for no-fault include:
- Must be living separate and apart for at least one year
- Couples are incompatible, unless one spouse denies it
Fault grounds include:
- Marriage is not legal because one spouse was previously married and did not divorce
- Willful absence of a spouse for at least one year
- Adultery
- Extreme cruelty
- Fraud
- Gross neglect of duty
- Habitual drunkenness
- Imprisonment
- One spouse filed for divorce in another state
Then there are the main divorce issues that you and your spouse will need to resolve including:
- Property division
- Child custody, support and visitation
- Spousal Support
These issues can become quite heated issues between spouses, and sometimes it is necessary for the couples to hire a mediator, arbitrator or let the court decide for them.
Property Division in Ohio
Ohio is considered an equitable distribution, dual-classification state. The couples are allowed to divide up property in any manner that they agree upon. However, if they cannot agree, the court will classify property as either separate or marital and divide it equitably based upon how the parties acquired the property and how it was used during the marriage. It is not divided equally.
Alimony in Ohio
Alimony in Ohio is not automatically awarded. A spouse must ask the court for it. In making a decision, the court looks at the following criteria:
- Ages of the spouses
- Education
- Skills
- Standard of living during the marriage
- Health
- Contribution of one spouse to the education of the other spouse or to a business
-
Assets and debts
Child Support, Custody and Visitation
Custody is determined as to what is in the best interests of the child. The court looks at the following criteria in making a decision:
- Child’s wishes
- Physical location of both parents
- Mental and physical health of the parents
- Whether there is any history of child abuse
- Whether either parent has an alcohol or drug abuse problem
If the parents agree on shared custody, then at least one parent needs to file a parenting plan with the court for court approval. The estimated model used by the Ohio court for child support payments is based upon the incomes of both parents as follows:
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
The court prefers that the parents work out a visitation schedule. If the parents cannot agree, then the court will determine a schedule. Typical schedules include:
- Every other weekend
- Summer vacation with non-custodial parent
- Alternating holidays
- Mother’s day with mother and father’s day with father
-
Alternating child’s birthday
Attorney Assistance
If you are obtaining a divorce in Ohio, it is recommended that you consult with an Ohio family law and divorce attorney. Divorce issues are complex, and the attorney is an expert at Ohio divorce laws. The attorney can represent you in court.
