Ohio Divorce - Ohio Divorce Law Guide
Understand Ohio divorce law in order to facilitate your Ohio divorce. Select the best Ohio divorce lawyer to represent your family and property interests.
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A guideline of Ohio divorce law reflects many of the same requirements and procedures followed in other divorce jurisdictions.
For example, there are statutory grounds for divorce and statutory residency requirements for an Ohio divorce that may be substantively different from other jurisdictions but structurally represent the same threshold barriers found in other jurisdictions.
A good Ohio divorce lawyer or attorney can assist you in efficiently moving through Ohio divorce requirements and to ultimately obtain an Ohio divorce record for your later use.
Like many other states, Ohio recognizes no fault divorce as a legal benchmark, reflecting incompatibility or 1 year of separation. Equally, Ohio divorce law recognizes the "fault" standard, which includes adultery, imprisonment, desertion etc.
In terms of residency requirements, a spouse living in Ohio for at least 6 months can file a petition for dissolution of marriage (or a complaint for divorce) in the Court of Common Pleas of the county where that filing spouse has lived for at least 90 days.
The Ohio divorce court, or either of the parties, may request divorce mediation to resolve particular issues separating the parties. The court can set forth guidelines for the mediation.
Ohio recognizes "equitable division" of property. Any property received by one or both of the spouses prior to the marriage is deemed to be the property of that spouse. An Ohio divorce court is required by statute to equitably divide any property acquired during the marriage between the parties.
Neither spousal fault nor support awards can be used to affect the outcome of the property distribution. There are, however, factors that an Ohio divorce may consider in equitably dividing marital property such as giving the family house to the spouse with custody of the children of the marriage and considering the financial resources of each party.
Spousal support, whether in the form of a lump sum payment or periodic payments, can be awarded to either party. The divorce court may consider, among other things, the income and earning power of each party, the assets and liabilities of each party, the duration of the marriage and contributions by one spouse to furthering the education of the other spouse.