Top 5 Ohio Laws to know when filing for a divorce
In order to file for a divorce in Ohio, residency requirements must be met. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The person filing for divorce or annulment in Ohio must have been a resident of Ohio for at least 6 months before attempting to file divorce papers. (Ohio Code - Sections: 3105.03)
Grounds for filing for divorce in Ohio fall under 2 separate categories. 1 is a no fault divorce in which has a requirement that it must be proven that the couple has no cohabitated for 1 year. Also under no-fault is incompatibility, but this must be agreed upon by both parties. For fault divorce there are numerous grounds that must be proven under Ohio law. Included but not limited to: A prior marriage, willful absence for 1 year, adultery, extreme cruelty, habitual drunkenness, prolonged prison time (Ohio Code - Sections: 3105.01)
The Petitioner is the spouse who initiates the filing procedure with the family law or domestic relations court is called the petitioner or plaintiff. The filing spouse is referred to as the Petitioner only in dissolution cases. The Respondent is the spouse who does not file the initial divorce papers, but rather receives them by service. The non-filing spouse is referred to as the Respondent only in dissolution cases.
In the instance of property division Ohio divorce law operates as an \\\"equitable distribution\\\" state. All marital property will be divided in an equitable fashion. Equitable does not necessarily mean completely equal, but rather what is judged fair in situation to situation. The court will always encourage the couple to reach a settlement on property and debt issues otherwise the court will declare the property award. (Ohio Code - Sections: 3105.171)
Ohio divorce law for child support guidelines are based on the Income Shares Model in calculating child support in Ohio divorce cases. The monthly support amount is determined by applying the guidelines and is to be divided proportionally according to each parent\\\'s income. These two support amounts are then offset to establish which parent will possibly pay the other parent for support of the child. All income is typically verified by examining past W-2\\\'s. (Ohio Code - Sections: 3105.71 and 3113.217)