Frequently Asked Questions About Divorce In Ohio

At Wolinetz, Horvath & Brown, LLC, our attorneys will answer any questions our clients have about their family law and divorce matters. Whether our clients want to know more about property division, child custody and support, pre- or post-nuptial agreements or alimony, our lawyers have the answers.

Here, we have provided responses to a collection of frequently asked questions to get you started. For more information, contact us at 614-362-8847 or reach out online.

What are the grounds for divorce in Ohio?

“Grounds” refer to the reason someone gives to end their marriage. Ohio residents have the option to file for either a fault-based divorce or a no-fault divorce.

Fault-based divorces can be obtained based on evidence that one spouse committed adultery, engaged in extreme cruelty, grossly neglected their marital duties, is a habitual drunk or drug abuser, imprisoned or willfully absent. In rare cases, one spouse may allege that they were intentionally deceived into entering the marriage.

A no-fault divorce is much simpler and requires no evidence. The spouses must simply agree that they are incompatible or they must have lived separate and apart for at least one year.

How do I file for divorce?

The ultimate process will look different depending on whether the divorce is contested or uncontested, but the initial steps are essentially the same. As long as you have been living in Ohio for at least six months and in your current county for at least 90 days, you will file the appropriate forms at the local courthouse and pay the fees. Once that step is accomplished, your spouse will need to be notified of the pending action or “served” with papers.

What is the difference between a contested and uncontested divorce?

An uncontested divorce refers to a divorce where both spouses mutually agree to the terms of their split, including asset division, child custody and child and spousal support.

A contested divorce means that one or both spouses do not agree on one or more issues, which can lead to court trials and the terms of a divorce being decided by a judge.

How long does it typically take to finalize a divorce?

Many of our Ohio clients want to know how long it will take to leave their marriage and start fresh. Our attorneys aim to finalize the divorce process for our clients as soon as possible. Our clients must be aware of a few parameters that typically must be met to file for a divorce in Ohio, which can delay the divorce process. Two requirements include:

• Six-month residency in Ohio before filing for divorce
• 90-day residency in the county where the divorce is filed

An uncontested divorce can theoretically be finalized in 30 days. However, the exact amount of time for a divorce to finalize depends on a few factors, including whether all marital issues are agreed upon, whether the divorce is contested or uncontested and the availability of a court date.

How is child custody determined in a divorce?

Parents can negotiate a mutual child custody agreement that considers both legal and physical custody rights, including how often a child lives with each parent and each parent’s right to decide how their child is raised. However, if parents cannot reach an agreement, a judge may create a custody arrangement.

When determining a custody arrangement, a judge typically considers the best interests of the child. The best interests of a child are factors that may affect their safety, well-being and upbringing. Some of the factors that could impact a child’s best interests include:

• The relationship between the child and their parents
• The relationship a child has with extended family
• Each parent’s ability to meet their child’s needs
• Each parent’s job and housing stability
• Each parent’s ability to cooperate and follow an arrangement
• Both a child’s and their parents’ physical and mental health
• A parent’s history of physical abuse, neglect, substance abuse or criminal activity

Parents can argue for a custody arrangement during a hearing. After considering these factors, a judge may arrange for joint or sole custody.

How is property divided in a divorce?

Ohio is an equitable division state. What equitable division means is that marital assets are typically divided by what is fair instead of 50/50 between spouses. Several considerations are made to help ensure assets are divided fairly, including:

• How long a marriage has lasted
• The age of both spouses
• Each spouse’s health
• Each spouse’s financial commitments
• Debts, tax considerations and other liabilities
• Economic circumstances

Separate property is typically not included in the marital estate. Spouses can expect to keep assets that were owned before marriage, gifts and inheritance. However, commingling assets can make it harder to determine separate property.

How is spousal support calculated?

Every spousal support case in Ohio is unique. There are several factors that are determined to reach a fair spousal support calculation, including both parties’ income, debts, savings and the duration of the marriage.

Can the terms of a divorce be modified after it is finalized?

Yes. There are two possible ways to make changes to the terms of a finalized divorce arrangement. The first can happen if a spouse has experienced significant changes in circumstances, such as job loss. The other way to modify a divorce arrangement is by filing an appeal to correct a legal mistake. Our attorneys can help you explore your options to modify a divorce arrangement after it is finalized.