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Laws & Courts:
Ohio Law - state statutes. Title 31, Chapter 3105: "Divorce, Alimony, Annulment, & Dissolution Of Marriage." The Supreme Court of Ohio - offers an overview of the Ohio justice system (PDF format), a searchable opinion database, rules of Ohio courts, and biographical information of Supreme Court justices.
Ohio Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Ohio Office of Child Support - general information, news, and government publications.
Additional Resources:
Ohio State Bar - online public information pamphlets, court news and legal information from the OSBA. Parent Guides to Help Children Deal with Divorce - series of online guides with suggestions for parents to help children deal with personal and social matters. This information is especially important for children whose parents are going through divorce or who are living in single-parent families. From Ohio State.
Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status. Parents and Children for Equality (PACE) - Chapters in Columbus, Cinncinnati, Dayton and Newark.
Legal overview Ohio law provides three ways for a husband and wife to end or alter their marital relationship: legal separation, divorce and dissolution of marriage. To obtain a dissolution or divorce, you must be an Ohio resident for at least six months before filing. There is no residency requirement for persons seeking a legal separation. Read our detailed legal summary to learn more about Ohio divorce including property, child support, child custody, alimony, visitation and temporary court orders.
Separation
This is a civil lawsuit that does not legally end a marriage, but allows the court to issue orders concerning division of property, spousal support, allocation of parental rights and responsibilities, child support and companionship for any minor children. The parties remain married, but live separately.
Dissolution
Dissolution of marriage is an action where the parties mutually agree to terminate their marriage. Neither party has to prove grounds to end a marriage by dissolution. This action is only started after the husband and wife have reached a separation agreement as to the settlement of all property, spousal support and child issues, where applicable. As long as the court finds the all terms of the dissolution fair it will grant the dissolution.
Divorce
A divorce is started by one spouse, the "plaintiff," filing a document called the "complaint" with the clerk of court. In this initial complaint, the plaintiff must select, and eventually prove, the appropriate grounds from those listed in the statutes. Within 28 days after the defendant has been served, the defendant must file an answer in response to the complaint. The defendant can also file a counterclaim requesting a divorce, by stating the grounds the defendant believes are applicable. During the course of the litigation, many suits are settled by agreement between the parties. When this occurs, a separation agreement is prepared, signed by the parties and submitted to the court for approval. When approved, the agreement is made effective by a journal entry of the court. If the parties are unable to resolve one or more of their disputed issues by agreement, the disputes are presented to the court. The court will review the parties' evidence and make its decision based on Ohio law.
Property
Ohio statutes define marital and separate property. Marital property is property acquired during the marriage, including real estate, personal property or intangible property such as stocks. Marital property also includes increases in the value of separate property due to either spouse's work effort, labor or contribution of marital money to the increase in the property's value.
Separate property includes all real, personal and intangible property from an inheritance; property owned before the marriage; income or appreciation from separate property not resulting from the labor or substantial effort of either party during the marriage; a gift after the marriage date that is proved to be made to only one spouse; and an award for personal injury, except any part of the award that compensates for lost wages occurring during the marriage. The marital property is to be divided equally, unless the court explains in writing why an equal division would not be fair.
The court also has the authority to make a "distributive award" from separate property of either party to the other to achieve equity between the parties. When a party has engaged in financial misconduct such as hiding property, dissipating money or funds, or disposing of funds fraudulently, the court may make an award out of the separate property of the offending spouse or make a greater award of marital property to compensate the other party.
Alimony
Spousal support ("alimony") is awarded to help sustain a spouse after a property division has been awarded. Some of the thirteen factors used by the court are the ages of the parties, the length of the marriage, the earning ability of the parties, etc. The court may also consider any other factors it finds relevant.
Custody
Ohio courts make the allocation of the parental rights and responsibilities between the parties based on the best interests of the children who are under 18. Shared parenting is the preferred mode for allocating these rights and responsibilities. If a plan for the children's care is submitted by one or both parties, the court may adopt the plan and grant shared parenting. If no plan is submitted, the court will allocate the parental responsibilities to one of the parents, naming that parent as residential parent and legal custodian of the child.
If either or both of the parties request, the court must talk to a child and consider the child's wishes about the parenting arrangements. Other factors taken into account include the child's mental, emotional and psychological development; the interaction of the child with other significant persons; and the adjustment to the school, community and home. The court may also consider factors concerning the ability of a party to be a custodial parent, such as whether support has been paid, visitation has been allowed or any abuse has occurred. If one of the parents intends to leave the state permanently, this may also be a factor for the court to consider.
Visitation
In every case involving children, the court orders a specific schedule for visitation or companionship with the parents. The primary consideration is the best interest of the children.
Temporary Pre-Divorce Orders
The court may issue temporary orders to be in effect while the case is pending and before the final decision. The person seeking temporary orders will file a motion with the court for such things as the use of the marital residence, allocation of parental rights, support of minor children, spousal support and assignment of responsibility to pay marital debts.
Restraining orders are orders that restrict or prohibit one or both of the spouses or others from certain behavior and activity. Restraining orders may be granted prohibiting harassment or abuse of the other spouse. Restraining orders may also be granted to prohibit one or both spouses from transferring or disposing of marital funds or assets.
All temporary orders and restraining orders may be modified by the court on formal request, if appropriate. Temporary orders, unless modified, usually remain in effect and are enforceable from the time the court approves the order until the final action is granted.
Child Support
Ohio statutes set basic support schedules that must be used to determine the proper amount of child support, based on the number of children and the combined gross income of the parents. The support schedules are based on the average cost of raising children in households across a wide range of incomes.
The amount of support determined by these calculations is presumed appropriate. The court has discretion, in certain circumstances, to deviate from the basic support tables where it would be inequitable to apply the basic support. The court will also issue orders for the medical needs of the children, including insurance. Child support must be paid to the designated support enforcement agency, which usually orders the employer to deduct that amount from wages.
Responsibilities to your Attorney
Because you have established a relationship with a lawyer who will present your demands and requests to the court, you have responsibilities to your attorney as a client. Your attorney will have experience in this area and will guide you through the process, so do what your attorney asks you to do. Clearly communicate to your attorney your wishes and priorities. Do not force your attorney to guess.
Be open and truthful with your attorney. If evidence later establishes that you have been untruthful or have lied to the court, you may be legally penalized by the court. Your communications with your attorney are confidential. Your attorney will not reveal embarrassing or harmful information that you may have disclosed, but by knowing all the facts, your attorney can help you plan the best way to correct or minimize harmful information. If you do not disclose important facts to your attorney, you are not being truthful. Surprises in court will leave you and your attorney dissatisfied and at a disadvantage in resolving your legal matter.
Responsibilities as a Party
You have asked the court for certain help or relief, so you have responsibilities to the court as a party to a legal action. The court addresses and resolves your problems by issuing court orders. Even if you do not agree with the court's orders, you must comply or you may be legally penalized. You will also put your case at a disadvantage and the final resolution may be delayed. If you believe certain orders are unfair, you can discuss with your attorney possible ways to have the court make modifications, but until orders are formally changed, you must follow the orders.
Additional Considerations
You should consider discussing the following topics with your attorney: tax implications; shared parenting; premarital agreements; mediation of disputes; short-term and long-term debts; guardian ad litem; pension and retirement plans; depositions; expert witnesses and costs; and attorney fees.
NOTE: This information, based upon Ohio law, is issued to inform, not to advise.
This information comes from:
Ohio State Bar Association
P. O. Box 16562
Columbus, OH 43216-6562
