Ohio Divorce Information
and FAQ
The State of Ohio permits judgements of divorce and dissolution
of marriage to be granted upon the following grounds: 1. Bigamy 2.
Willful absence of the adverse party for one year 3. Adultery 4.
Extreme cruelty 5. Fraudulent contract 6. Gross neglect of duty 7.
Habitual drunkenness 8. Imprisonment of the adverse party 9.
Procurement of a divorce outside the State by a party which releases
the party who obtained it from the obligations of marriage while the
obligations remained binding on the other party 10. Living separate
and apart without cohabitation for one year without interruption 11.
Incompatibility of the parties. § 3105.01
Residency requirements In actions for divorce in the State of
Ohio, the filing party must have resided in the State of Ohio for at
least six months immediately prior to the filing of the complaint.
In addition, the filing party must have resided in the county in
which the complaint is filed for at least ninety days immediately
prior to the filing of the complaint. In actions for dissolution of
marriage, the filing party must have resided in the State of Ohio
for at least six months immediately prior to the filing of the
petition for dissolution. §3105.03,3105.62, CivR 3
Name of court and title of action/parties Actions for divorce and
dissolution of marriage are filed in the Court of Common Pleas. The
title of the action initiating an action for divorce is a Complaint,
while the title of an action initiating an action for dissolution of
marriage is a Petition. The title of the action granting the divorce
is a Decree of Divorce, and the title of the action granting the
dissolution of marriage is a Decree of Dissolution of Marriage. The
filing party is known as the Petitioner if the action is for
dissolution and the Plaintiff if the action is one for divorce. The
other party in an action for dissolution is referred to as the
Co-Petitioner, and if the action is for divorce, the Defendant. §
3105.011
Legal separation The State of Ohio permits jusgements of legal
separation to be granted upon the following grounds: 1. Bigamy 2.
Willful absence of the adverse party for one year 3. Adultery 4.
Extreme cruelty 5. Fraudulent contract 6. Gross neglect of duty 7.
Habitual drunkenness 8. Imprisonment 9. Living separate and apart
without cohabitation for one uninterrupted year 10. Incompatibility.
§ 3105.17
Simplified divorce procedure If the parties agree to all terms,
they may jointly file a petition for dissolution of marriage. The
petition must be signed by both parties and have attached a
separation agreement providing for division of property, spousal
support, allocation of parental rights, visitation and custody, and
child support. Both parties must appear before the court and if the
court is satisfied with the parties' testimony and the terms of the
agreement, the court will grant the dissolution of marriage. §
3105.63
Alimony Either party may be ordered to pay alimony to the other
spouse after consideration of the following factors: 1. The income
of the parties 2. The relative earning abilities of the parties 3.
The ages and physical, mental and emotional condition of the parties
4. The retirement benefits of the parties 5. The duration of the
marriage 6. The extent to which it would be inappropriate for a
party to seek outside employment due to custody of a minor child 7.
The standard of living established during the marriage 8. The
relative extent of education of the parties 9. The relative assets
and liabilities of the parties 10. The contribution of each party to
the education, training, or earning ability of the other party 11.
The time and expense necessary for the spouse seeking alimony to
aquire education, training or job experience to enable that spouse
to obtain appropriate employment 12. The tax consequences to the
parties 13. The lost income production capacity due to marital
responsibilities 14. Any other relevant factor. § 3105.18
Distribution of property In making a division of marital
property, the court shall consider all of the following factors: 1.
The duration of the marriage 2. The assets and liabilities of the
spouses 3. The desirability of awarding the family home, or the
right to reside in the family home for reasonable periods of time,
to the spouse with custody of the children of the marriage 4. The
liquidity of the property to be distributed 5. The economic
desirability of retaining intact an asset or an interest in an asset
6. The tax consequences of the property division upon the respective
awards to be made to each spouse 7. The costs of sale, if it is
necessary that an asset be sold to effectuate an equitable
distribution of property 8. Any division or disbursement of property
made in a separation agreement that was voluntarily entered into by
the spouses 9. Any other factor that the court expressly finds to be
relevant and equitable. § 3105.171
Child Custody Custody of minor children of the marriage will be
determined according to the child's best interest. Factors the court
will consider in determining the best interests of the child
include: 1. The wishes of the child's parents 2. The wishes of the
child 3. The child's interaction and interrelationship with parents,
siblings and any other person who may significantly affect the
child's best interest 4. The child's adjustment to home, school and
community 5. The mental and physical health of all involved 6. Which
parent is more likely to honor and facilitate court- approved
parenting time rights or visitation and companionship rights 7.
Whether either parent has failed to make all child support payments,
including arrearages 8. Whether either parent has been convicted of
a criminal offense which resulted in the child being an abused or
neglected child 9. Whether the residential parent has continuously
and willfully denied the other parent's right to parenting time in
accordance with a court order 10. Whether either parent has
established a residence or is planning to establish a residence
outside of the State of Ohio. § 3109.04
Child support In any action in which a court child support order
is issued or modified, the court or agency shall calculate the
amount of the obligor's child support obligation in accordance with
the basic child support schedule. The court or agency shall specify
the support obligation as a monthly amount due and shall order the
support obligation to be paid in periodic increments as it
determines to be in the best interest of the children. The amount of
child support that would be payable as calculated pursuant to the
basic child support schedule is rebuttably presumed to be the
correct amount of child support due. The court may order an amount
of child support that deviates from the amount of child support that
would otherwise result from the use of the basic child support
schedule if the court determines that the amount calculated pursuant
to the basic child support schedule would be unjust or inappropriate
and would not be in the best interest of the child. If it deviates,
the court must enter in the journal the amount of child support
calculated pursuant to the basic child support schedule, its
determination that that amount would be unjust or inappropriate and
would not be in the best interest of the child, and findings of fact
supporting that determination.
Factors the court will consider in determining whether to grant a
deviation from the child support guidelines include:
1. Special and unusual needs of the children;
2. Extraordinary obligations for minor children or obligations
for handicapped children who are not stepchildren and who are not
offspring from the marriage or relationship that is the basis of the
immediate child support determination;
3. Other court-ordered payments;
4. Extended parenting time or extraordinary costs associated with
parenting time, provided that this division does not authorize and
shall not be construed as authorizing any deviation from the
schedule and the applicable worksheet, through the line establishing
the actual annual obligation, or any escrowing, impoundment, or
withholding of child support because of a denial of or interference
with a right of parenting time granted by court order;
5. The obligor obtaining additional employment after a child
support order is issued in order to support a second family; 6. The
financial resources and the earning ability of the child;
7. Disparity in income between parties or households;
8. Benefits that either parent receives from remarriage or
sharing living expenses with another person;
9. The amount of federal, state, and local taxes actually paid or
estimated to be paid by a parent or both of the parents;
10. Significant in-kind contributions from a parent, including,
but not limited to, direct payment for lessons, sports equipment,
schooling, or clothing;
11. The relative financial resources, other assets and resources,
and needs of each parent;
12. The standard of living and circumstances of each parent and
the standard of living the child would have enjoyed had the marriage
continued or had the parents been married;
13. The physical and emotional condition and needs of the child;
14. The need and capacity of the child for an education and the
educational opportunities that would have been available to the
child had the circumstances requiring a court order for support not
arisen;
15. The responsibility of each parent for the support of others;
16. Any other relevant factor. § 3109.05
Conciliation/mediation The court may, on its own motion or on
motion of one of the parties, order the parties to undergo
conciliation. If children are involved, the court may order the
parties to take part in family counseling during the course of the
proceedings or for any reasonable length of time. § 3105.091 Name
change When a divorce is granted the court of common pleas shall, if
the person so desires, restore any name that the person had before
the marriage. § 3105.16
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