Ohio is a mixed state regarding the grounds for divorce. You can file for divorce in Ohio using No-Fault or Fault grounds.

The No-Fault grounds for divorce are: on the application of either party; when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; or incompatibility, unless denied by either party.

Fault grounds for Ohio divorce include: either party had a husband or wife living at the time of the marriage from which the divorce is sought; willful absence of the adverse party for one year; adultery; extreme cruelty; fraudulent contract; any gross neglect of duty; habitual drunkenness; imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; or procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party.

Residency requirements for filing a divorce in Ohio are that one of the parties must have resided in the state for six months or 180 days.

Custody of children in Ohio divorces is determined by the best interest of the child standard. The court assumes that it is in the best interest of the child to maintain contact with both parents. Custody is usually given to the primary caregiver in cases involving young children; however, it is no longer true that the wife always gets custody of the children when they are older.

Ohio like every state in the union requires that both parents provide financial support for the child. The court attempts to maintain the standard of living the child enjoyed during the marriage. This is based on the notion that the child is the innocent party during a divorce and should not suffer because the parents can no longer maintain their relationship. The amount is determined by a formula that calculates the earning potential of each spouse.

Ohio is an equitable division state in determining the division of the marital estate. At the time an action is filed, the parties to the divorced are enjoined from disposing of any property without court consent until property division is decided. All property obtained during the marriage regardless of how it is titled is considered part of the marital estate. The judge divides the property in a way that is considered fair but not necessarily equal.


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