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Divorce Residency Essentials to File Ohio Divorce Forms Online

Every state has residency requirements, and Ohio is no different.  If you do not meet the requirements, either your case will be dismissed or it will go unaccepted entirely.  For Ohio, the requirements are:

 To file for divorce in Ohio you must have been a resident for at least 6 month prior to filing.  Additionally you must have been a resident of the county in which you file for at least 90 days preceding the filing of the divorce. All members of the military who are residents of Ohio can file for divorce in the state, even if they were stationed outside of Ohio. 

Reasons for Divorce in Ohio

 In order to file for divorce in Ohio, the proper grounds must be established.  There are mainly two reasons of divorce in Ohio, that is either  "General" and "No-Fault."  

 No-fault reasons for divorce in Ohio include:

•          Living separate and apart without cohabitation and without interruption for 1 year or
•        Incompatibility, unless denied by the other spouse 

 The reasons for "General" divorce include:

•         Adultery
•          Imprisonment
•          Willful desertion for one year
•          Cruel and inhuman treatment
•          Bigamy
•          Habitual intemperance(drunkenness)
•          A final divorce decree that has been obtained outside the state of Ohio does not release the spouse within the state of Ohio from the marital  obligations
•          Fraud
•          Neglect
  

 Custody of the Children in Ohio

Ohio does not require a parenting plan for child custody. Child custody in Ohio is determined and granted to either parent based on: .

• Best interests of the child:  when children who are minors are involved in a divorce, the Ohio courts will do whatever it takes to help lessen the emotional trauma on the children.

 The court will make a child custody decision for a divorce in Ohio, based on the following points:

• The preference of the child, if the child is of sufficient age and capacity;
• The child’s adjustment to his or her home, school, and community;
• The mental and physical health of all individuals involved;
• The relationship of the child with parents, siblings, and other significant family members;
• Whether one parent has willfully denied visitation to the other parent;
• Whether either parent has failed to make child support payments to any child;
• Whether either parent lives or intends to live outside of Ohio;
• The ability of the parents to cooperate and make joint decisions;
• The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;
• Any history of child abuse, spouse abuse, or domestic violence by a parent or anyone who is or will be a member of the household where the child will reside, or parental kidnapping;
• The geographic proximity of the parents to each other as it relates to shared parenting;
• The child’s and parent’s available time;

Ohio Child Support Guidelines

 Either or both parents may pay child support.  Marital misconduct is not considered in this award. Health care insurance may be ordered for the child. Child support payments may be paid through the state child support agency. There are official guidelines that are presumed to be correct unless the amount of the support award would be unjust or inappropriate given the circumstances.

Factors which may be considered in adjusting a child support amount are:

• Special or unusual needs of a child;
• Obligations for other minor or handicapped children;
• Other court-ordered payments;
• Extended visitation or extraordinary costs for visitation;
• Mandatory wage deductions [including union dues];
• Disparity in income between the parents’ households;
• Benefits that either parent receives from remarriage or sharing living expenses with others;
• The amount of taxes paid by a parent;
• Significant contributions from a parent [including lessons, sports equipment, or clothing];
• The financial resources and earning capacity of the child;
• The standard of living and circumstances of each parent and the standard of living the child would have enjoyed if the marriage had not been dissolved;
• The physical and emotional conditions and needs of the child;
• The medical and educational needs of the child;
• The relative financial resources, other assets and resources, needs, and obligations of both the noncustodial and the custodial parent;
• The need and capacity of the child for an education and the educational opportunities of the child;
• The age of the child;
• The earning ability of each parent;
• The responsibility of each parent for the support of others;
• The value of services contributed by the custodial parent; and
• Any other relevant factor.

Property Distribution in Ohio

 Ohio is an “equitable distribution” state, and allows each spouse to retain his or her separate property, gifts, inheritances, personal property acquired before the marriage, income; or appreciation of separate property, and individual personal injury awards.

An equitable division of all of the spouses' marital property is allowed based on:

• The desirability of awarding the family home, or right to reside in it, to the spouse with custody of the children;
• The liquidity of the property to be distributed;
• The financial resources of both spouses;
• The needs and obligations of each spouse;
• The economic desirability of retaining an asset intact;
• The tax consequences of the division;
• The duration of the marriage;
• The costs of any sale of an asset, if a sale is necessary for division purposes;
• Any property division under a valid separation agreement; and
• Any other relevant factor.

 The division of the marital property will be equal, unless such a division would be inequitable. Marital fault is not a consideration. The amount of spousal support is not considered in property division.

Spousal Support

Spousal support is handled case-by-case, and spousal support can be temporary, permanent, or not awarded at all.  This is determined by either an agreement between the spouses, or at the court's discretion.

Either spouse may be awarded reasonable spousal support, in lump sum or in periodic payments, based on:

• Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment;
• The earning ability of both spouses;
• The income of both spouses, including marital property apportioned to each spouse and each spouse’s ability to meet his or her needs independently;
• The contribution of each spouse to the education, earning ability, and career-building of the other spouse, including the spouse’s contribution to the earning of a professional degree by the other spouse;
• The age of the spouses;
• The physical, mental, and emotional conditions of the spouses;
• The relative assets and liabilities of the spouses, including any court-ordered payments;
• The educational level of each spouse at the time of the marriage and at the time the action for support is commenced;
• The standard of living during the marriage;
• Any pension or retirement benefits of either spouse;
• The duration of the marriage;
• The tax consequences of the award;
• The time and expense necessary for the spouse seeking support to acquire education, training, or job experience to obtain appropriate employment;
• The lost income-producing capacity of either spouse resulting from marital responsibilities and any other relevant factor.

Divorce Mediation  

By request of either spouse or on the court’s own initiative, the court may order the spouses to undergo conciliation for up to 90 days. The court will assign the procedures and name the conciliator. In addition, the court may order that parents attend mediation sessions on child custody and visitation matters.