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 (click here to continue reading in pdf)
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Family Law
Greene County – Montgomery County – Franklin County – Summit County Attorneys
Family law is a very broad area of law dealing with family relations including:
- Adoption
- Child custody and visitation
- Children's rights
- Child support
- Spousal support (alimony)
- Separation agreements
- Civilian and military divorce (dissolution of marriage)
- Marital property division (equitable division)
- Elder law matters
- Estate planning
- Estates and trusts
- Wills and will contests
- Probate
- Insurance
- Cohabitation agreements
- Pre-marital (pre-nuptial) agreements
- Marriage and other legal issues pertinent to the family
Grounds for Divorce in Ohio
Each state has unique grounds in which a divorce may be granted by the court. The Petition for Dissolution of Marriage or Complaint for Divorce must declare the appropriate Ohio grounds upon which the parties are seeking the divorce. The divorce grounds are as follows:
No Fault (Dissolution of Marriage):
- Lived separate and apart without cohabitation for one year;
- Incompatibility
Fault (Divorce):
- Either party had a husband or wife living at the time of the marriage from which the divorce is sought
- Willful abandonment for one year
- Adultery
- Extreme cruelty
- Fraudulent contract
- Any gross neglect of duty
- Habitual drunkenness or drug abuse
- Imprisonment