Share:

Ohio, like all states, has specific divorce laws, procedures, and language. If you're navigating this area for the first time, you likely have questions about how the state's divorce laws work. To shed further light on a complex subject, below are answers to a few of the more frequently asked questions about divorce in Ohio.

Answers to Common Questions About Ohio Divorce Laws

What are the grounds for divorce?

The grounds for divorce are another way of stating the reasons you and your spouse are splitting up. Ohio recognizes 11 instances that divorcing couples can give as reasons for the dissolution of the marriage. They are bigamy, willful absence of one of the spouses for at least one year, adultery, extreme cruelty, fraud, neglect, chronic drunkenness, imprisonment, divorce from another state, living separately for at least a year, and general incompatibility.

How is the property split?

Ohio is an equitable distribution state, which means that courts divide property equitably. However, you should understand that fair does not mean equal or a 50/50 split. The courts will assess a variety of factors when deciding on property allocation, including the duration of the marriage, the assets and liabilities of each spouse, and whether the property was acquired before or during the marriage.

How is child custody determined?

divorce lawIdeally, both spouses work together to develop a co-parenting plan that focuses on the needs of the children, while respecting each parent's custody and scheduling preferences. However, this is not always possible, and courts may intervene to decide custody arrangements. The best interests of the children are the highest priority, and a judge looks at many considerations when determining custody. These considerations include the ability of each parent to provide a stable home, the income of each parent, the health of the parents, and where the child currently lives and attends school.

What is the difference between divorce and the dissolution of marriage?

While both are avenues of bringing a marriage to a legal end, they do it in separate ways. Essentially, divorce is a lawsuit in which one spouse sues another when they cannot agree on property allocation, child support, custody, or alimony, among other factors. A dissolution of marriage ends the union with the spouses deciding on mutually-agreeable solutions and filing a joint legal petition.

 

A family law attorney will guide you at every step of an Ohio divorce. The lawyers at Rutherford Law Office in Chillicothe, OH, are here to help. They offer representation in all aspects of family and divorce law, as well as in estate, Medicaid, and long-term care planning and civil litigation issues. Call (740) 775-7434 to schedule a consultation or visit their website for a list of their services.

tracking