Overview of Divorce in Ohio

Getting a divorce in Ohio isn’t much different than getting a divorce in many other states.  However, anyone planning on filing for divorce should find out some specifics before beginning the process.

Judges in Ohio will grant divorce to a plaintiff under several different circumstances.  For a ‘no fault’ dissolution of marriage, a couple must have either lived apart for one year or more OR a couple must agree on incompatibility.  Otherwise, here are the possible grounds under which a person can file for divorce in this state:

  • Either spouse was already married when the couple married  (meaning that the spouse was a polygamist)
  • One spouse was absent from the marriage for one year or more
  • Adultery
  • Extreme cruelty
  • Fraud
  • Gross negligence
  • Constant or habitual drunkenness
  • One spouse was imprisoned in a state or federal prison when the divorce was filed

 

Child Custody Issues

Child custody can be a major factor in many divorces.  In Ohio, a great deal of examination is done by the court in order to find an arrangement that is best for the child or children involved in the divorce case.  Here are some of the issues the court will take into account (though there are, of course, other considerations that may be specific to each individual case):

  • The parents’ wishes for the custodial arrangements of the children, whatever those may be.
  • The children’s wishes for the custodial arrangements—if the children are old enough to understand the court process.
  • The manner in which the parents and children interact with each other.
  • The interaction of the siblings, if there are any.
  • How the children are adjusted to a specific community (the schools and their home, in particular).
  • The physical and mental health of the parents.
  • The likelihood of the parents to comply with visitation and other court-mandated rulings regarding the children.

 

Obviously, the best interests of the children are most important to the judge.  During this stage of the divorce, the needs of the divorcing couple are not of key significance to the court.

Child Support

If child support is mandated for either or both parents, it will be ordered without regard to marital misconduct.  Health care needs of the children will be met, and any support payments must be made through the office of child support through the department of job and family services.

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