Divorce Guide

Divorce Guide


Ohio Divorce Court


Determining divorce is a hard and painful process. Divorce procedure often has to deal with spousal support, or alimony, child custody and the division of marital property. Ohio divorce court also thinks keenly to consider a divorce.

Residency Requirements

When filing for a divorce in Ohio divorce court, the applicant must be a resident for at least six months prior to filing. The court of common petitions has jurisdiction of all domestic relation matters, and all actions for divorce and annulment shall be brought in the proper county.

Grounds for Divorce

A divorce may be granted for the following causes:

  • Living apart for one year
  • Abandonment for one year
  • Adultery
  • Excessive cruelty
  • Fake contract
  • Any gross disregard of responsibility
  • Regular drunkenness
  • Imprisonment at the time of filing the complaint
  • Acquirement of a divorce outside this state by a husband or wife, by asset of which the party who procured it is released from the duties of the marriage, while those needs remain binding upon the other party.

Dividing the Property

Ohio is the state which believes in equitable distribution, meaning that the marital estate shall be divided fairly. In making a division of marital property, the Ohio divorce court shall consider all of the following factors:

  • The duration of the marriage
  • The assets and legal responsibility of the spouses
  • Wishes of awarding the family home, or the right to reside in the family home for reasonable periods of time
  • Financial prestige of keeping together an asset or an interest in an asset
  • Tax cost of the property division upon the particular awards to be made to each spouse.
  • Any division of property made in a separation agreement that was willingly entered into by the spouses.
  • Any other factor that the court clearly finds to be related and fair

Child Custody

When allocating parental rights and duties, the Ohio divorce court shall consider the following factors:

  • The wishes of the child
  • Wishes of the child's parents about the child's care
  • The child's contact and relation with the child's parents, siblings, and any other person who may affect his/her best interests.
  • The child's adjustment to the his/her home, school, and society
  • The mental and physical health condition of all persons involved in the place
  • Whether either parent has been found guilty of or guilty to any criminal offense.
  • Any history of child abuse

When determining whether a shared parenting custody would be in the best interests of the child, the Ohio court shall consider the following factors:

  • The capacity of the parents to cooperate and make conclusions jointly, with respect to the children.
  • Ability of each parent to the sharing of love, affection, and contact between the child and the other parent.


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