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Ohio Divorce Law

Divorce Laws in Ohio

According to Ohio divorce laws, you may request either a no-fault or fault divorce. The grounds of a no fault divorce include “incompatibility” and “living separate and apart without cohabitation for one year.” Fault grounds can include, but is not limited to, bigamy, abandonment, adultery or extreme cruelty. Additionally, the spouse filing for the divorce must have resided in Ohio for at least 6 months prior to filing as well as a resident of the county of filing for at least 90 days prior to filing for a divorce in Ohio.

Spousal Support & Community Property in Ohio

Ohio is known as a community property state, which can be defined as any asset acquired or income earned by a married person while living with his or her spouse. According to the divorce laws in Ohio State this means that the law requires that all property be divided equally between the husband and wife unless such a division would be inequitable. In such a situation, the property would be divided equitably instead of equally.

Spousal Support is “the payment(s) to be made to a spouse or former spouse that is both for sustenance and for support of the spouse or former spouse.” Such factors as the ability of the paying spouse to pay, the present needs of the receiving spouse and the parties’ prior living standard are considered in determining the amount and duration that should be paid according to Ohio divorce laws.

Ohio Child Support, Child Visitation and Child Custody

The main focus in determining child custody is the best interest of the children, according to Ohio divorce law. Child custody is referred to as “allocating the parental rights and responsibilities for the care of the minor children of the marriage.” At the time of divorce, if the court has not issued a shard parenting decree, it will include a specific schedule of visitation right for the parent who is not the residential parent.

Child support (a percentage of the non-custodial parents income paid to assist with the support of his children) is determined by the “child support guidelines” as set forth by divorce law in Ohio. A Child Support worksheet and instructions can be found at your local Ohio Supreme Court. Expect to pay child support until at least 18 years of age, known as the age of emancipation, or until high school graduation, which ever occurs first. The duty to pay support may continue beyond the age 18 if the child id deemed unable to provide proper support for him/herself.

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