In Ohio, the Plaintiff (person filing for divorce) must have at least lived for six months in Ohio before filing for divorce. On the other hand, before filing for dissolution petition, one of the partners must have resided for six months at least in the state.
The Plaintiff can file the petition for divorce in the court. In case, the residency or placement of the Defendant spouse is not known, she/he is not the occupant of Ohio State, or is the resident, however, is not present in Ohio, the Plaintiff must give divorce notice via publication, as given by the Civil Procedure Rules.
Legal Divorce Grounds
Following are some of the legal divorce grounds in Ohio including fault-based and no-fault reasons for the annihilation of marriage. The testimony, as well as corroborating witness, must be provided by Plaintiff with the intention to prove such grounds.
- Extreme cruelty
- Habitual drunkenness
- Fraudulent contract
- One year willful nonappearance of the spouse
It is the court decree which determines that a marriage never existed and is legally invalid on account of some faults that occurred when the marriage had entered into.
Annulment grounds involve the following:
- Either of the partners is underage. In addition, the marriage did not pass at least two years after it reached the majority age
- Bigamy, while the “other” partner is living
- Fraud, while the discovery of it has not passed more than two years
- Mental ineptitude of one partner
- Failure to carry out marriage that might involve impotency and marriage should not have passed two years of it
In Ohio, you will see the equitable distribution of marital property. Equitable here, does not necessarily mean equal.
Ohio law determines marital or nuptial property as:
- All personal and real property of both or either partner as well as the retirement allowances of the parties which were acquired by both or either partners during their marriage
- All appreciation and income on the separate property because of, monetary, labor, or in-kind involvement of both or either party that existed during their marriage
- All interest which both or either party has in personal or real property during their marriage
Child Support and Custody
If the parents are divorced or live separately from each other and the court must decide parental responsibilities or rights for care, legal custodian, and residence of the children, they must stand upon the equity related those issues and rights. There will be no preference given to any of the parents on account of his/her condition or financial status.
The court shall either give sole custody of children to one of the parents with the other parent on visitation or issue the communal parenting order that requires both the parents of sharing some or all of the facets of the legal and physical care of their children in conformity with an approved plan of parenting.
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- Parenting Coordination: Some thoughts on why it works March 9, 2015 William Hunt