Divorce is a long and arduous process. In some cases, it can drag on for years. Obviously, it is not something that should be taken lightly.
However, the fact remains that it is a common legal procedure nowadays. So, in an effort to give our readers all the information you need, this article succinctly explains the divorce laws in Ohio. It briefly explores the different areas of concern so that you can have a grasp of the different aspects of the state’s divorce process.
Obviously, in order for the Ohio divorce laws to apply, one first has to be a resident. The law requires that at least one spouse has a six-month residency in the state before the divorce can be filed.
Grounds for Divorce
As a mixed state, Ohio lets its residents use either fault or no-fault grounds to serve as the basis for filing for divorce. This means you either opt to put the burden of your failed marriage on your spouse or claim that it is no one’s fault. Of course, you should consider maximizing this and going with fault grounds. This will give you an advantage later on as the divorce proceedings progress.
Fault grounds can be of particular help in a contested child custody case and matters regarding alimony. The same could also be said if there is a dispute regarding the division of marital property.
Division of Marital Property
As an equitable division state, under the divorce laws in Ohio, each spouse owns their respective income. This means that during the time of the marriage, you still own what you earn. The same principle also applies to properties under an individual’s name. Remember that this applies only when that property is under the person’s name, and not declared as a marital property.
Of course, having your name on a property is not the only deciding factor to be considered, though it does have some bearing. This is because the judge normally works under the presumption that property should be divided equally. Only when the spouses make arguments for a different division will the judge try to arrange something that is fair for both parties. Readers need to understand that when we say fair, it does not necessarily mean equal.
This is where having your name on a piece of property becomes relevant. It can help convince the judge in terms of deciding which property to award to which party.
Similar to other states, Ohio courts work under the presumption the child should have regular and frequent contact with both their parents after a divorce. Most divorce proceedings end with joint custody, as it is often the best option for the child.
However, the particulars of the time-share between parents depend on how the judge sees the case, often basing it on the interests and well-being of the child.
These are just a few of the things you should know about the divorce laws in Ohio. Keep them in mind if you are considering filing for one in the future.