Divorce

1. Grounds for Divorce in Ohio

Ohio allows for both no-fault and fault-based divorces. This means that spouses can file for divorce for reasons that are not based on any one spouse’s wrongdoing (no-fault), or they can file based on specific grounds of misconduct (fault).

a. No-Fault Divorce

Ohio is primarily a no-fault divorce state, meaning that a spouse does not need to prove that the other spouse was responsible for the breakdown of the marriage. The primary ground for a no-fault divorce is that the marriage is irretrievably broken, with no reasonable prospect of reconciliation. In a no-fault divorce, the court does not inquire into the reasons behind the breakdown of the marriage, making the process more straightforward and less adversarial.

b. Fault-Based Divorce

Though less common today, Ohio also recognizes fault-based grounds for divorce. These include:

• Adultery: If one spouse has engaged in extramarital affairs, the other spouse may file for divorce on the grounds of adultery.
• Extreme cruelty: This includes physical or mental cruelty that makes it unsafe or improper for the spouses to live together.
• Abandonment: If one spouse leaves the other without a reasonable excuse for a period of one year or more, the abandoned spouse may file for divorce.
• Felony conviction: If one spouse has been convicted of a felony and sentenced to prison for a year or more, the other spouse may file for divorce.
• Habitual drunkenness: If one spouse is habitually intoxicated or abuses drugs, this may be grounds for divorce.

Although fault grounds can be cited, Ohio courts generally focus on the division of property, child custody, and spousal support rather than assigning blame in a divorce.

2. Filing for Divorce in Ohio

The divorce process in Ohio officially begins when one spouse files a complaint for divorce in the Court of Common Pleas in the county where either spouse resides. The party filing for divorce is the plaintiff, and the other party is the defendant. The complaint must detail the grounds for divorce and any issues that need to be resolved, such as child custody, spousal support, property division, and child support.

a. Residency Requirements

To file for divorce in Ohio, one spouse must have been a resident of the state for at least six months and must file in the county where they live. If these residency requirements are not met, the court may dismiss the case or ask the parties to wait until they meet the requirements.

b. Serving Divorce Papers

Once the divorce complaint is filed, the other spouse must be served with the divorce papers. This process involves formally notifying the defendant spouse that the divorce has been initiated. The defendant has a set amount of time, usually 28 days, to respond to the complaint. If the defendant does not respond within this time frame, the court may grant a default judgment.

3. Property Division in Ohio

Ohio is an equitable distribution state, which means the court divides marital property fairly, but not necessarily equally. Marital property refers to assets acquired during the marriage, regardless of whose name is on the title. This can include the family home, vehicles, retirement accounts, and debts.

When dividing property, the court considers several factors, including:

• The duration of the marriage
• The financial contributions of each spouse
• The economic circumstances of each spouse
• The value of property and assets
• Any dissipation of assets by either spouse

Separate property, such as assets acquired before the marriage or through inheritance or gifts, is typically not subject to division, though this can be complicated if marital funds have been used to maintain or improve separate property.

4. Spousal Support in Ohio

Spousal support (also known as alimony) may be awarded to one spouse if they are in need of financial support and the other spouse is able to provide it. Ohio courts have discretion when deciding whether spousal support is appropriate and in what amount, as well as the duration of the support. The court considers several factors when determining spousal support, including:

The income and property of both spouses

The relative earning abilities of both spouses

The standard of living during the marriage

The duration of the marriage

The age and health of the spouses

Whether either spouse has the responsibility for caring for children

Spousal support is typically temporary during the divorce process, though it may be permanent in certain cases, particularly if one spouse cannot support themselves due to health issues or other circumstances.

5. Child Custody and Child Support in Ohio

Child custody is one of the most important aspects of any divorce involving children. Ohio courts prioritize the best interests of the child when making decisions about custody and parenting time. Ohio law recognizes two types of custody:

Legal custody: The right to make important decisions about the child’s life, such as education, healthcare, and religion.

Physical custody: The actual residence of the child, where they will primarily live.

Both legal and physical custody can be awarded to one or both parents (joint custody). The court will consider several factors when determining custody, including:

The relationship between the child and each parent

The child’s wishes (if they are old enough to express them)

The ability of each parent to care for the child’s needs

The mental and physical health of the parents

Any history of abuse or neglect

Child support is calculated using Ohio’s Child Support Guidelines, which take into account the income of both parents, the number of children, and the amount of parenting time each parent has. The goal is to ensure that the child’s financial needs are met, regardless of custody arrangements.

6. Divorce Alternatives: Mediation and Collaborative Divorce

Ohio courts encourage spouses to resolve their differences outside of court whenever possible. Mediation and collaborative divorce are two popular alternatives to traditional divorce litigation. Mediation involves a neutral third party who helps the spouses negotiate and reach an agreement on key issues. Collaborative divorce involves both spouses working together with their attorneys and other professionals (such as financial experts) to reach a mutually acceptable resolution.

Both mediation and collaborative divorce are designed to minimize the conflict and emotional toll of divorce and can lead to faster, less expensive resolutions.

7. Finalizing the Divorce

Once the issues in the divorce (property division, child custody, spousal support, etc.) are resolved, either through settlement or trial, the court will issue a decree of divorce. This final judgment legally dissolves the marriage and addresses all outstanding matters.

If the divorce is contested, the process can take several months or even years. However, if the divorce is uncontested and the parties reach an agreement, the process can be completed much more quickly.

Conclusion

Divorce in Ohio can be a complex process, but understanding the legal framework and requirements can help reduce stress and make the process more manageable. Whether you’re filing for divorce on no-fault grounds or based on misconduct, Ohio law provides mechanisms for property division, child custody, spousal support, and other important matters. If you’re considering divorce, it’s always advisable to consult with an experienced family law attorney to ensure that your rights are protected and that the process goes as smoothly as possible.

Works Cited

Ohio Revised Code. "ORC 3105.01 – Grounds for Divorce," Ohio Laws, 2024, https://codes.ohio.gov.

Ohio Rules of Civil Procedure. "Rule 75 – Divorce Procedure," Ohio Supreme Court, 2024, https://www.supremecourt.ohio.gov.

State of Ohio, Department of Job and Family Services. "Child Support," ODJFS, 2024, https://jfs.ohio.gov.

Ohio State Bar Association. "Property Division in Divorce," Ohio Bar Association, 2024, https://www.ohiobar.org.