Below are some important Ohio Divorce Law facts all spouses should be aware of prior to filing:
Ohio’s Residence Requirements
In order to file for a divorce, legal separation or annulment in Ohio, the plaintiff (spouse initiating the action) must be a resident of the state for at least six months prior to filing. If the plaintiff meets this criterion, then the next step is to file the action in the county where the plaintiff resides. The court of common pleas has jurisdiction of all domestic relations matters.
Legal Grounds for Ohio Divorce
The following are acceptable legal grounds for divorce in the state of Ohio:
- Incompatibility
- Living separate and apart for one year
- Desertion for one year
- If either party had another spouse living at the time of the marriage
- Adultery
- Extreme cruelty
- Fraudulent contract
- Gross neglect of duty
- Habitual drunkenness
- Imprisonment
Property Distribution Following Divorce
Ohio is an equitable distribution state, which means that all marital assets shall be divided equitably (fairly) but not necessarily evenly. The court will consider several factors when distributing property, including the duration of the marriage, the assets and liabilities of each spouse, and the tax consequences of the property division, among others.
The Process of Awarding Alimony in Ohio
Alimony (spousal support) may be awarded to either party in an Ohio divorce case. The court will base its decision upon several factors, including the duration of the marriage and each party’s earning potential and income, and will determine how much and for how long the alimony will be issued.
Hiring a Top Divorce Lawyer in Ohio
There are many intricate details governing the process of divorce in Ohio. If you make just one small mistake, either on the documents you file or in court, you can forsake your right to property, alimony and even child custody. The best defense against a negative outcome for your divorce case is to have a skilled attorney on your side.
An experienced Ohio divorce lawyer will take care of every aspect of your case, from filling out all the required paperwork to mediating with your spouse. They will make sure you come to a fair decision and will do everything possible to protect your rights in order to prevent fraud.
For more information on Ohio divorce, contact one of our featured attorneys today to get started on your case.