An Overview of Ohio Divorce

In Ohio, a party who wants a divorce must file a complaint against the other spouse in the Court of Common Pleas. The party who files the complaint is the plaintiff and the party against whom the complaint is filed is the defendant. Ohio has a six-month residency requirement before a plaintiff can legally file a divorce complaint. On filing, the case is assigned to a judge or magistrate. A defendant generally files an answer and counterclaim against the plaintiff. A "contested" divorce results. O.R.C. 3105.011, O.R.C. 3105.03

Divorce causes on which a common pleas court may grant a divorce are:

1. Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
2. Willful absence of the adverse party for one year;
3. Adultery;
4. Extreme cruelty;
5. Fraudulent contract;
6. Any gross neglect of duty;
7. Habitual drunkenness;
8. Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
9. 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;
10. On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
11. Incompatibility, unless denied by either party.O.R.C. 3105.01

The Court may grant a legal separation on the same grounds as for divorce.

A short time after the plaintiff files the complaint, a judge or magistrate generally issues a temporary order or "T.O." The T.O. specifies how specific issues shall be handled during the divorce proceeding. Specific issues include child custody, child support, visitation, spousal support, and payment of marital obligations.

Within several months, a judge conducts a pretrial conference. During the conference, the attorneys have the opportunity to present issues to the judge. The judge comments on the issues and takes steps toward a resolution or trial.

The attorneys start the discovery process early in the case. During discovery, the attorneys find out facts. Methods used to find out facts include oral depositions, written interrogatories, document production requests, subpoenas, requests for admissions, and inspections. The Court and attorneys use the information to resolve case-related issues.

Major divorce issues include child custody, marital property division, and spousal support.

Child custody determinations involve assigning parental rights and responsibilities. One parent or both parents (shared parenting) may receive custody.

When deciding which parent receives custody the Court considers:

• The child's wishes;
• The parents' wishes about the child's care;
• The effects of the child's parents, siblings, and any other person who may affect the child's best interest;
• The effects of the child's home, school, and community;
• The mental and physical health of the people involved;
• The likelihood of a parent  to make easy court-approved parenting, visitation, or companionship rights;
• The criminal records of the parents especially as the records relate to violent crimes and crimes against children;
• The residences of the parents with special emphasis paid to plans to reside outside the state.

When reviewing the possibility of shared parenting the Court also considers:

• The ability of the parents to cooperate and work together for the child's benefit;
• The ability of each parent to encourage a positive relationship with the other parent;
• Any history of, or potential for, violence.
• The distance between the residences of the parents;
• If the child has a guardian ad litem, the guardian ad litem's recommendation. O.R.C. 3109.04

Custody determinations also include assigning child support responsibilities. The court may order one or both parents to provide child support including healthcare support. The court decides the obligor's child support obligation under the Ohio Child Support Guidelines.

During the divorce process, marital property division often provides major complications. Property division requires classification of property as that subject to division that not subject to division. Separate property not subject to property division includes inheritances, property owned before the marriage, passive income or appreciation gained from separate property during the marriage, property received after a legal separation, property excluded by an antenuptial agreement, personal injury awards, and gifts given to only one spouse. O.R.C. 3105.171 In Ohio, the Court divides property subject to division equitably, meaning the Court divides the marital estate based on fairness. When dividing marital property, the Court considers:

• The length of the marriage;
• The assets and liabilities of the spouses;
• The residency interests of the children;
• The ease with which property can be exchanged for cash;
• Economic efficiency;
• Tax effects;
• The costs associated with selling property;
• Property distributions addressed in a separation agreement;
• Other factors at the Court's discretion.

The Court may award spousal support to either party. In deciding whether spousal support is proper and the amount and kind of support, the Court considers:

1. The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code;
2. The relative earning abilities of the parties;
3. The ages and the physical, mental, and emotional conditions of the parties;
4. The retirement benefits of the parties;
5. The duration of the marriage;
6. The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;
7. The standard of living of the parties established during the marriage;
8. The relative extent of education of the parties;
9. The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
10. The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;
11. The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
12. The tax consequences, for each party, of an award of spousal support;
13. The lost income production capacity of either party that resulted from that party's marital responsibilities;
14. Any other factor that the court expressly finds to be relevant and equitable. O.R.C. 3105.18

A divorce has lifelong effects on all those involved so it should be handled seriously and professionally. While the divorce process may seem simple, it is not. Before starting a divorce proceeding or responding to a divorce filed against you, consult with an experienced legal professional.