What is a Divorce in Ohio’s courts?
Divorce is the legal termination of a marriage, in which one or more issues must be adjudged by a court. The divorce process is created and defined by the statutes in the Ohio Revised Code. Divorce procedures are further defined by a court’s local rules.
What are the legal issues that must be resolved in a Divorce?
The issues that must be resolved depend upon the unique circumstances of each case. In general, important issues include allocation of separate property, allocation of marital property, spousal support, allocation of parental rights and responsibilities, and child support.
What are the residency requirements to file for divorce in Ohio?
To file for divorce in Ohio, pursuant to ORC 3105.03, you must reside in Ohio for a minimum of six months immediately before filing. Additionally, Civil Rule 3 determines which county is the proper venue for the divorce.
What is the difference between divorce and dissolution in Ohio?
Both divorce and dissolution result in legally terminating the marriage. The difference between them is whether the spouses have reached agreements before they file a case. If they’ve reached agreements, they may file a dissolution, also referred to as ‘uncontested’. If they haven’t reached agreements, they may file a divorce, also referred to as ‘contested’.
Is Ohio a no fault divorce state?
Technically, ORC 3105.01 requires grounds for a divorce. Pragmatically, Ohio courts are not interested in airing out dirty laundry and deciding which spouse is more at fault. Incompatibility is sufficient grounds for divorce in Ohio. Therefore, it’s more important to focus on other legal issues and not focus on fault.
How long does an Ohio divorce take?
The timeline varies significantly case-by-case.
On the short end, the spouses can streamline the process significantly and complete a divorce in a matter of weeks if they reach agreements.
On the long end, even in the worst case scenario, they don’t go on forever. The Supreme Court of Ohio publishes rules with case time guidelines. Therefore even a high-conflict divorce case with children is supposed to be completed within 18 months.
How is property divided in a divorce?
Pursuant to ORC 3105.171, property division in a divorce is essentially a two-step process. The first step is identifying what property is separate property and what property is marital property. The second step is allocating separate property to the appropriate spouse and dividing the marital property equitably.
How is debt divided in a divorce?
Division of debt in a divorce is very similar to division of property. Separate debts are identified and allocated to the appropriate spouse. Marital debts are allocated equitably.
Can I stay in the marital home during the divorce?
When a divorce is filed, neither party is automatically expelled from the marital home. However, pursuant to Civil Rule 75(N), either party may request temporary orders, and that may include a request for exclusive occupancy of the marital home. Then the court would decide whether to grant that request.
How does divorce affect health insurance coverage?
Pursuant to ORC 3105.71, a spouse is absolutely prohibited from cancelling health insurance coverage for their spouse or dependents while a divorce is pending. Following the divorce, the spouses will typically be ineligible to remain covered under each other’s policies. However, either may be eligible for COBRA coverage, or they may have other options.
Will I have to go to court?
A divorce will require a minimum of one hearing, and possibly several more.
What happens if I need to change my divorce agreements?
Some agreements, such as child support, are nearly always modifiable. Other agreements, like property division, are rarely modifiable (ORC 3105.171). Our attorneys can help you determine the best strategy for getting the modifications you need.