Ohio allows both fault-based and no-fault divorce, as explained below. We also provide answers to other common questions about getting a divorce in Ohio. For more detailed information, see Dissolution of Marriage in Ohio. For all of our articles on divorce in Ohio, see our Ohio Divorce and Family Law page.
What is the difference between a dissolution and a divorce?
If the spouses both want to divorce and can reach an agreement on all issues arising out of the end of their marriage (child custody, property division, and so on), then they can ask the court for a dissolution. If the spouses can't agree on everything, one spouse can file for divorce and ask the court to make a determination.
In a dissolution, both spouses jointly ask the court to end their marriage. The spouses present their written agreement to the court, along with a petition asking the court to dissolve their marriage. The agreement must address all issues relevant to their marital relationship, including child custody, visitation, and support, as well as property division, debts, taxes, and fees. Then, the court must hold a final hearing on their petition between thirty and ninety days after it is filed.
In contrast, a divorce is an adversarial proceeding, in which one spouse files a lawsuit against the other, asking the court to decide all matters pertaining to the marriage. Even though one spouse may sue the other for divorce, most people reach an agreement without an actual trial. If no agreement is reached, the court will decide all of the unresolved issues.
What happens to the property my spouse and I have accumulated during our marriage?
The basic approach in Ohio is to divide the couple's marital assets equally, even if one person earned more money than the other during the marriage. However, if this approach would be unfair, the court may divide the property equitably.
This rule applies only to marital property: property the spouses earned or acquired during marriage, along with income or appreciation on either spouse's separate property that is due to either spouse's contribution (of labor, money, or otherwise) during the marriage. Each spouse gets to keep his or her separate property. Separate property includes property a spouse acquired prior to marriage or after an order of legal separation, property inherited by, or given to, only one spouse, and property subject to a valid prenuptial agreement.
Will a court order spousal support in my situation?
The court will look at a number of factors in deciding whether to award spousal support, including the length of the marriage; each spouse's earning capacity, age, and physical and mental condition; the standard of living the couple had during marriage; and so on. The court will also consider whether one spouse has limited income potential or career possibilities due to family responsibilities and whether the spouse with custody of the children will also be able to seek work outside the home.
How does the court decide matters about children?
When called upon to decide issues relating to the children, the court must determine what is in their best interests. In order to do this, the court must consider several different factors. For example, the court is to consider:
- the wishes of the child's parents regarding his or her care
- the child's wishes, if appropriate
- the child's interaction with other people who are important in his or her life (such as siblings)
- the child's adjustment to his or her home, school, and community
- the mental and physical health of all persons involved in the situation
- which parent is more likely to honor and facilitate visitation and companionship rights approved by the court
- whether either parent has failed to make all child support payments, including arrearages, and
- certain criminal convictions of parents.
What is shared parenting?
Shared parenting generally means that the parents work together to develop a plan to provide for the physical and legal care for their children. The court must then decide if the plan for shared parenting is in the best interest of the children. A shared parenting plan should discuss physical living arrangements, child support, medical and dental care, school placement, and parenting schedules for legal holidays, school holidays, and other days of special importance.
What can I do if my child has been taken out of the United States?
The Hague Convention on the Civil Aspects of International Child Abduction, adopted in 1980, provides a method for the return of children who have been unlawfully removed or for visitation by a parent who has been denied access. Also, the International Child Abduction Remedies Act provides a possible solution. If you are facing this situation, you should talk to a family lawyer with experience in these cases, right away.
If I did not marry the parent of my child, can I get child support or parenting time with my child?
Yes, once it is legally established that you are the child's parent.
Do I need an attorney?
It depends on your situation. If your divorce is amicable and you and your spouse agree about everything, you may be able to handle the action on your own. Even so, it is often a good idea to consult with a lawyer, to make sure you know your rights and aren't agreeeing to anything you will later regret.
If you are worried about paying attorney fees, there are a few options available. Certain child support actions can be taken through your county's child support enforcement agency so that you do not need to retain a private attorney. Also, in some Ohio counties, a local Legal Aid Agency might be able to provide assistance, if you meet their income criteria. You may be entitled to legal assistance of some kind through your work; some companies offer employment assistance programs that include some legal advice. Finally, Ohio law allows you to seek a court order directing your spouse to help with your attorney's fees at any stage in a domestic relations action if you can show that you must have such help in order to assert your legal rights.
