Divorce Guide

Ohio Divorce Cases

As per Ohio divorce cases, divorce law in Ohio requires the satisfaction of due process requirements in order for a court to grant a divorce. Due process requires both the parties to have the notice of the proceedings and an opportunity to be heard. In Ohio, the only way a marriage could be terminated is through court actions such as: divorce, dissolution, annulment, the death of one of the parties or a presumption of death (it means continuous absence from home for full seven years). The points related to Ohio divorces are listed below.

Requirements for Ohio divorce

In order to grant a divorce in Ohio, the trial court must find:

• That the plaintiff (the spouse filing the divorce) has been a resident of Ohio for at least 6 months before filing the petition and a resident of the county for at least 90 days in which the divorce has been filed.
• That the legal reasons (grounds) for divorce exist for granting of divorce

Grounds for divorce in Ohio

Divorce can only be granted as per Ohio law upon a finding by the court, that there are statutory grounds to terminate the marriage. There should be testimony by the plaintiff or a witness to these specific grounds. There is fault as well as no-fault grounds for divorce in Ohio. “Incompatibility” and “living separate without cohabitation for one year” comes under the no-fault grounds. There are 9 fault grounds in Ohio that includes:

• Another spouse living at the time of marriage
• Absence of the spouse willfully from the marital home for 1year
• Adultery
• Extreme cruelty
• Fraud marriage contract
• Neglecting family duty
• Habitual drunkenness
• Imprisonment of either spouse in a state or federal institution at the time of filing of divorce
• Divorce outside the state

Commencement of divorce case in Ohio

Ohio divorce cases are commenced by the filing of a complaint. The spouse who files the complaint is known as a “plaintiff”. The other spouse is said to be the “defendant”. The complaint must allege that the plaintiff has resided in Ohio for the required period of time (6 months) before the filing of the complaint; should indicate the place and date of the marriage along with the name and birth dates of any minor children; one of the statutory grounds for divorce must be alleged in the complaint, and; it should contain a demand for the relief being requested from the court.

In order to bring the defendant within the jurisdiction of the court, service of the complaint must be made on him/her. There are several methods of service available, provided the defendant spouse lives in other state. After the service of the complaint has been made, the defendant spouse files an answer to it, admitting or denying the allegations in it. On denying the allegations the defendant also has the option to defend himself/herself.

Generally, the major issues in Ohio divorce cases are the issue of the grounds for divorce itself, parental rights and responsibilities, spousal support (alimony), and the division of the marital property and debts. All these issues are of great importance in a Ohio divorce.

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