Dissolution in Ohio
In a dissolution of marriage in Ohio, the husband and wife file a joint petition in which both parties request that the court grant the same relief—namely, that their marriage be terminated and that the separation agreement attached to the joint petition be reviewed and approved by the court.
The separation agreement must settle all property disputes and all issues pertaining to spousal support, child custody and visitation, property division, and payment of marital debts. If the husband and wife cannot resolve all of the issues between them and include those provisions in their separation agreement, one of them will have to file a complaint requesting a divorce instead—because in a divorce case the court may resolve any issues the parties cannot settle between themselves.
A joint petition for dissolution of marriage must be filed in the domestic relations division of the local common pleas court or, if there is no domestic relations division, in the general division of the common pleas court.
Divorce in Ohio
The prospect of filing for divorce can be upsetting, frightening, or even liberating. The wide range of emotions a person may experience can make the process more difficult to deal with, particularly when matters such as child custody, child support, spousal support, visitation/parenting time, and the division of property need to be addressed. Even a divorce that begins amicably can turn into a drawn-out legal battle as you and your spouse seek different outcomes that you feel protect your needs, your children’s wellbeing, and your financial future.
Consulting a Dayton divorce attorney is one of the most important steps to take when you are considering ending your marriage. You and your spouse will need to reach a complete agreement about all terms of your divorce, or these matters will be decided by a judge. Most often it is less time-consuming and less expensive to work out a divorce agreement outside the courtroom. A negotiated settlement gives both spouses more freedom to determine the exact terms. At times, however, these terms simply cannot be worked out without the court’s assistance. Through negotiation or litigation, your lawyer must assert your rights and protect your interests every step of the way.
What Is Needed to Obtain a Divorce in Ohio
Jurisdiction
The court must find that the plaintiff (the person filing the divorce complaint) has been a resident of the State of Ohio for at least 6 months immediately prior to filing the complaint, and a resident of the county in which the divorce is filed for at least 90 days—or that the plaintiff has met the 6-month requirement and the defendant spouse has been a resident of that county for at least 90 days.
Grounds
A party filing must have legal reasons for a court to grant a divorce. Ohio law permits a divorce only upon a finding by the court that statutory grounds exist to terminate the marriage. There must be testimony by the plaintiff and a corroborating witness (or an admission by the other spouse) as to these specific grounds. “Grounds” in Ohio can include things such as incompatibility and living separate and apart without cohabitation for one year without interruption.
How Is a Divorce Case Started in Ohio?
A divorce case is commenced by the filing of a complaint. The spouse who files the complaint is the plaintiff; the other spouse is the defendant.
“Service” of the complaint must be made on the defendant to bring him or her within the jurisdiction of the court. The defendant should then file an answer admitting or denying the allegations. If the defendant denies the allegations, he or she may also raise any defenses. The defendant may also file a counterclaim asserting a claim against the plaintiff for divorce or for a “legal separation.” If a counterclaim is filed, the plaintiff must file a reply admitting or denying its allegations and raising any defenses.
Can the Children’s Interests Be Protected?
A guardian ad litem (GAL) can be appointed by the court—at either party’s request or on the court’s own motion—to represent the interests of the minor children of the parties. The GAL is usually an attorney familiar with domestic-relations law, and his or her job is to act in the best interests of the children. The GAL makes recommendations to the court and has considerable influence on custody and parenting determinations. (See Child Custody & Support for more.)
Is There a Right to a Jury Trial in a Divorce Case?
No. Ohio does not permit jury trials in divorce cases. If the case goes to trial, the judge makes the final determinations.
What Are the Major Legal Issues in a Divorce Case?
Generally, the major issues in divorce cases are: the grounds for the divorce itself; parental rights and responsibilities (commonly known as custody, child support, and visitation); spousal support (commonly called alimony); and the division of the marital property and debts of the parties.
How Does the Judge Make a Final Decision?
Both parties provide the judge with information and documentation regarding all relevant issues. The court will have any expert reports ordered while the case was pending, and will hold hearings and a trial where the parties present witnesses (including expert witnesses), testimony, and other properly admitted evidence. The judge considers the recommendations of the guardian ad litem, if one was appointed, and may interview the children if requested or if it would be beneficial. The judge must then decide based on the evidence and the law; while the judge has some discretion, he or she must comply with the law.
The information on this page is general in nature and is not legal advice. No attorney-client relationship is created by your use of this site. Please consult Pirnia Law Office about how Ohio law applies to your specific situation.