Going through a divorce can be tough. If you live in Ohio and are thinking about divorce, knowing the rules can help you make better choices. Understanding Ohio’s divorce laws can protect your interests. With our comprehensive guide for 2024, we are here to help answer all your questions.
Reasons for Divorce
Under Section 3105.01 of the Ohio Revised Code, there are a few ways to end your marriage in the Buckeye State. Sometimes, you will not have to blame the other party for the dissolution. Instead, you can state that you and your spouse are incompatible. With a no-fault divorce, you and your spouse can cite “irreconcilable differences” for the end of the marriage.
However, if you choose a fault-based divorce, then you (or the spouse) will need to cite the reason for the legal action. These can include:
- Adultery
- Extreme cruelty
- Being addicted to drugs or alcohol
- Abandonment
- Gross neglect of duty
- Fraud
Once you choose to pursue a no-fault or fault divorce, you must start the filing process.
Filing for Divorce in Ohio
Before filing in Ohio, you or your spouse must have lived in the state for at least six months. You also need to have lived in the county where you file for at least 90 days.
If you start the process, you will be known as the plaintiff, while your spouse will be the defendant. Once you have filed in the court, the defendant will be notified, and the process will begin. Sometimes, an amicable divorce process can take a few months, while a contested divorce could last for several years.
Property Division
In the state, property will be divided using the equitable distribution principles. With that, the court divides things in a way that is fair but not always equal. During this time, property will be classified to whether it is separate or marital property.
Marital property includes everything a couple has bought or earned during the marriage. This will be divided between both spouses. The court considers many factors, such as:
- How long the marriage lasted
- Each spouse’s income and debts
- What each spouse contributed, such as work or taking care of children
- Any agreements made before the marriage, such as prenuptial agreements
For separate property, these assets and items were owned before the marriage or inherited during the marriage. In these cases, they stay with the person who owned it as long as it wasn’t mixed with marital property.
Spousal Support
Spousal support is also called alimony. In these situations, one spouse may need to pay the other after a divorce. Once again, Ohio courts will also consider a few factors to make this decision, such as:
- The length of the marriage
- Both spouse’s income and ability to earn money
- Each spouse’s age, health, and education
- The standard of living during the marriage
Depending on the case, spousal support can be provided for a short or extended amount of time.
Child Custody and Support
The court’s main concern when deciding custody is the child’s best interest as noted in Ohio Revised Code Section 3127. Parents can obtain legal or physical custody on a joint or sole basis. The courts often want the child to have a relationship with both parents, so joint custody is a more likely option. But if there are issues with domestic abuse or neglect, then the court will assign legal and physical custody to one person.
Additionally, both parents are responsible for supporting their child. Ohio uses a formula to figure out how much child support one parent should pay. These considerations often include:
- The income of both parents
- The number of children
- The costs of healthcare and daycare
These are some of the most contentious matters in a divorce case.
Finalizing the Divorce
Once all the decisions are made, the court will issue a Decree of Divorce. This document outlines everything you and your spouse must adhere to, from property division to child support. Both spouses must follow the terms of the decree. If not, there could be legal consequences.
Get More Information About the Ohio Divorce Process
Ending a marriage is never easy, but understanding Ohio’s divorce laws for 2024 can make the process smoother. No matter whether you have a handle on these rules or not, you may want a divorce attorney to guide you through this complicated process.
If you want to know what to expect with a divorce case in Ohio, reach out to the legal team at Axelrod Law Office in Lake County, OH. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.