RESIDENCY REQUIREMENTS

Before filing for dissolution of marriage in Ohio, either spouse must have been a resident of the state for at least six months.

GROUNDS

The State of Ohio allows for filing a divorce or a dissolution of marriage.

GROUNDS FOR DISSOLUTION OF MARRIAGE:

Parties agree in mutual consent that marriage should be terminated by court, they agree on every area, such as division of marital property, spousal support, parental rights and responsibilities, child support, etc. Court does not have to decide, it just terminates marriage upon this mutual consent.

GROUNDS FOR DIVORCE OF MARRIAGE:

- separation without cohabitation for uninterrupted period of one year

- incompatibility, unless denied by either party

- willful absence of adverse party for one year

- adultery

- extreme cruelty

- fraudulent contract

- any gross neglect of duty

- habitual drunkenness

- imprisonment of adverse party in penitentiary at time of filing complaint

- procurement of divorce outside this state, by husband or wife, by virtue of which party who procured it is released from obligations of marriage, while those obligations remain binding upon other party.

DIVORCE VERSUS DISSOLUTION: Divorce is a civil lawsuit to end a marriage arising from when the husband and wife cannot resolve their problems, and are asking the court to make the final decision and issue orders concerning property, support and children.

Dissolution of marriage is an action where the parties both agree to terminate their marriage and agree to all aspects of the dissolution, including property and debt division, alimony/spousal support, child support, custody and parenting time. Neither party has to prove grounds to end a marriage by dissolution.

CompleteCase.com provides packets for Dissolution of Marriage with the parties filing jointly as Co-Petitioners. Parties that are filing for divorce will normally need an attorney because of the more complicated process.

Note: when you file for a dissolution of marriage the court will require that both parties appear at the court hearing.

CHILD CUSTODY

Instead of awarding child custody to parents, Ohio may designate a “residential” and a “non-residential” parent, in order to keep both parents involved in the children's lives. The Ohio court system believes that children require a continuing relationship with both parents, and giving custody to one parent undermines that need.

The parties may submit a Shared Parenting Plan to the court for approval, which sets out each parent's rights and responsibilities regarding their children. The Shared Parenting Plan specifies the child's physical residential schedule.

CHILD SUPPORT

Ohio’s child support guidelines apply in virtually every case, unless special circumstances exist. Both parents’ gross income and certain child related expenses are taken into consideration when the child support obligation is calculated. The child support obligation, typically through wage assignment, will continue until the child reaches eighteen years of age, and may extend throughout the child’s secondary education.

VENUE

A divorce action shall be initiated in the county wherein the petitioning spouse has resided for at least ninety days immediately prior to the filing of the action.

MEDIATION

The court may order the parents to mediate their differences on contested matters regarding the appropriate allocation of parental rights and responsibilities for the care of their children or a specific schedule for visitation for their children. The court will order the mediation in accordance with procedures adopted by the court through local rules.

Before or after the divorce has been initiated, the parties may agree to submit any or all of their disputed issues to mediation, and any agreements reached may allow the parties to proceed in court on an uncontested basis.

FILING FEES

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.