Ohio has a divorce rate of 3.6% per 1,000 of the total population of the state. This rate is rated quite below the median. According to the Ohio state law you can seek divorce on the basis of fault or no-fault grounds. No proof will be required if divorce is no-fault, whereas a substantial evidence must be shown if the ground is fault based. The divorce cost in Ohio is modest compared to other states and varies from county to county.
Annulment in Ohio is rare, because its requirements are difficult to prove. Sometimes witnesses are called upon for providing proof and thus the process may take quite a long time.
Ohio state lawyers are available all the time to help you in finalizing your divorce process with a proper agreement of both the parties.
Divorce Grounds in Ohio
Both fault and no-fault divorces are granted in Ohio if one of the following divorce grounds are there combined with sufficient evidence:
No-Fault Divorce Grounds in Ohio
There are two no-fault divorce grounds in Ohio, which are:
Separation without Cohabitation
If you and your spouse are living separately without any cohabitation for one year, both of you are entitled to divorce under this divorce ground in Ohio.
If you or your spouse feel that you two are not compatible and thus can not live a happily married life, you will be granted divorce on this divorce ground in Ohio, if one of you files for divorce.
Fault Divorce Grounds in Ohio
Following are the fault divorce grounds in Ohio:
Wilful Abandonment for One Year
Wilful abandonment for a period of one year or more is a fault divorce ground in Ohio. The divorce court will grant divorce under this divorce ground in Ohio if one of the spouses files for divorce.
Adultery, like in all the other states of the US, is also a divorce ground in Ohio.
Verbal or physical abuse or both is a legal divorce ground in Ohio. Domestic violence is not to be put up with, you should bail out on this divorce ground, if so is the case.
Gross Neglect of Duties
Neglect of duties, which are mandatory as a spouse, validates other spouse’s claim for divorce in Ohio State.
Fraudulent contract is a lawful and common divorce ground in Ohio. If your spouse is engaged in such like activities or your marriage is based on such a contract, you will be granted divorce on this ground for divorce in Ohio.
Habitual Drunkenness or Drug Abuse
If a husband or wife is involved in habitual intake of drugs (i.e. opium, cocaine or morphine) or liquor, a divorce will be granted if the other spouse does not want to live with a habitual drunkard or drug addict.
Imprisonment is a valid fault divorce ground in Ohio. If you do not want to continue with a marriage with a criminal, you will be awarded a divorce decree on this ground for divorce in Ohio.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Ohio.
Ohio Divorce Laws
Ohio has following divorce laws:
Ohio divorce courts follow strict residency laws. Under Ohio divorce laws, the residency requirements are:
- One of the partners must be a resident of Ohio for at least six months.
Documents Required for Filing Divorce
Following are the vital documents required by Ohio divorce courts for filing a divorce case:
- Complaint for Divorce
- Final Decree of Divorce
Dissolution and divorce forms are provided by the Supreme Court of Ohio, versions are available for spouses with and without children. The filing of dissolution and divorce cost in Ohio varies from county to county.
Distribution of Property
In Ohio, property distribution issues are generally settled by applicants by signing Marital Settlement Agreement. Under Ohio divorce laws, if applicants cannot reach any conclusion, the Ohio divorce courts announce their own decision. The process follows as:
- First of all court decides what property can be considered as marital.
- Second, according local real-state value, Ohio divorce court determines an acceptable value of the marital property.
- In last, the divorce court will divide the marital property in an appropriate way, which is called fair.
Change of Name or Restoration of Name
As per the Ohio divorce laws, both the applicants can restore their names to former name.
Child custody is normally a major disputed issue in a divorce case. The Ohio divorce court generally suggests both the parties to go for mediation counseling. Furthermore, they also order parents to maintain a support program for children against the effect of divorce.
Ohio divorce courts may order permanent or temporary alimony during divorce case proceeding, if it feels it is appropriate. Ohio courts also have the authorization by the Ohio divorce laws to award maintenance to both spouses, for an unspecified period or a particular period.
Under Ohio divorce law, all Ohio divorce courts consider the following aspects when making a decision regarding child custody:
- The wishes of the parent or parents or child
- The wishes of the child, which can be communicated by the child him/herself or through the guardian
- The interrelationship of the child with his/her both parents, siblings and any other person who may affect the child’s best possible interest
Under Ohio divorce laws, both parents can be ordered to pay child support. Marital misconduct is generally not considered in this award. Both the spouses refer the Ohio divorce court to settle child support problems.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
Ohio Annulment Laws
Annulment is a legal process to nullify a marriage. It is a court’s declaration that the marriage never took place since it was void in the first place. According to Ohio annulment laws, both the parties have the right to remarry after getting an annulment. Following are the legal Ohio annulment grounds:
If you are any younger than the marriageable age stated in the Ohio marriage laws, your marriage will not be recognized. However if you have still gotten married, such a marriage can be annulled under Ohio annulment laws.
Bigamy means having two spouses at the same time. If your spouse did not divorce his or her first spouse before getting married with you, you can obtain Ohio annulment.
Mental incapacitation in a spouse is a valid annulment ground according to Ohio annulment laws. If your spouse is mentally ill either permanently or partially and this is bearing down on your married life, you can obtain Ohio annulment.
According to Ohio annulment laws, impotency is a valid annulment ground. You can get annulment in Ohio if your spouse is impotent.
Incest is a legal ground for Ohio annulment. Laws of the state strictly prohibit marriages between parent/child, stepchild, grandparent/grandchild, aunt/nephew, and uncle/niece etc.
Ohio Divorce Laws-Frequently Asked Questions
- What are the essentials of divorce in Ohio?
Ohio divorce laws have following essentials for filing a divorce: * The spouse who is claiming an Ohio divorce must be a resident of Ohio for at least 6 months, and a resident of the country for not less than 90 days. * The plaintiff should choose a legal divorce ground on the basis of which divorce will be declared.
- What is the divorce cost in Ohio?
The cost of your divorce will depend on the complexity of your case and the professionals involved. You can file your divorce papers in Ohio from approximately $200-500. The fee varies depending on your county.
- What is the difference between divorce, annulment and dissolution?
A divorce is a legal separation and termination of a marriage. It is a lawful end up of marital relations through court order. Only one party can file for divorce.
An annulment is the order of the court declaring the marriage illegal and the marital status void.
Dissolution of a marriage means termination of a marriage on no-fault basis in which both the spouses agree upon all the issues and request the court to declare the divorce legal. In dissolution both the parties can claim a divorce.
- What are the main issues which are considered in an Ohio divorce?
The main issues considered in an Ohio divorce are, custody of a child, child support, spousal support, division of property and debts.
- For how long do I have to support my spouse?
According to the Ohio divorce laws, the time period for spousal support or alimony ranges from 24-48 months depending on the conditions of a divorce.
- What is the basic purpose of divorce court?
A divorce court is there to resolve issues and to provide justice to every spouse.
- According to the Ohio divorce laws, what is the difference between separation agreement and divorce agreement?
Separation agreement is one in which both the parties signs an agreement to live separate and apart while still being legally married. Whereas in divorce agreement, the court decrees to terminate the marriage.
- Is it essential to hire a divorce lawyer for a separation agreement?
According to Ohio divorce laws, there is no requirement of a divorce lawyer to claim a separation. But you must know all the paperwork of separation agreement.
- Can we both hire the same divorce lawyer?
No, the same divorce lawyer can not represent both you and your spouse at the same time. You have to hire different divorce lawyers even in case of uncontested divorce.
- How will an Ohio divorce court decide the child custody issue?
According to the Ohio divorce laws, the court must give supreme importance to the the interest of a child while deciding child custody issue. The court also takes in account other issues like financial stability, attitude of the spouse towards child and others and decides whether the spouse is eligible for custody or not.