February 18, 2021

How to file for divorce in Ohio is a fairly straightforward procedure, but it is still best to do so with the help of an attorney. There are many considerations, such as the grounds for divorce, property division, alimony, child custody, and child support. It can be overwhelming, so starting with an attorney is crucial to a smooth process.

Choose the Divorce Procedure That is Right for You

There are different methods on how to file for divorce in Ohio, and you, along with your attorney, can figure out which is right for your situation. You may consider a Dissolution of Marriage. If you and your spouse agree, you will settle property and debt division, alimony, child support, and custody. You’ll attend a court hearing where a judge will review the paperwork and enter the Decree of Dissolution of Marriage. A standard divorce procedure will work best in cases where you cannot reach an agreement.

Consider the Grounds for Divorce

The grounds for divorce are the legally recognized reasons for ending the marriage. Ohio has both a no-fault divorce and a fault-based divorce. The fault-based grounds in Ohio include adultery, extreme cruelty, bigamy, habitual drunkenness, imprisonment at the time of filing, and gross neglect of duty. When considering how to file for divorce, it is important to remember that all of the fault-based grounds will add complexity to the process, as you will have to provide proof and the legal proceedings will be drawn out. In Ohio, a no-fault divorce can be granted because “the parties are incompatible” or “the parties have been separate and apart without cohabitation for one year”.

Property Division in Ohio

In Ohio, each spouse will keep their separate property, which includes property acquired by inheritance or gift that was given or bequeathed to one spouse, property acquired before marriage, property acquired after legal separation, compensation for a personal injury claim, or passive income from a separately owned property. All other property is considered jointly owned and will be divided equitably. When dividing property in Ohio, consideration is given to the duration of the marriage, assets of the parties, the liquidity of property, the tax consequences of the property division, the cost of sale, the retirement benefits, and any division made in a separation agreement.

The marital home, along with some other assets, can be more complicated. Typically, the awarding of the home, or the right to reside in it, will go to the party with primary physical custody of the children. The court can also take other factors into consideration if you don’t have kids or if they are older and already moved out. It’s important to give your attorney the full picture of your assets that will be divided when discussing how to file for divorce.

Alimony in Ohio

In Ohio, alimony is referred to as spousal support. The judge will decide on the specifics, including which spouse will receive support, the amount they will receive, and the duration. They will consider the income of both parties, including income from the divided assets, as well as the earning abilities, the retirement benefits, the standard of living established during the marriage, and the ability of one party to seek employment. If one party is the primary caretaker of a minor or disabled child or has other concerns, such as medical conditions that would prevent full time work, this would be taken into consideration for spousal support.

Child Support and Custody in Ohio

The judge will make the determination of child custody and child support in Ohio. The judge will act in the child’s best interest and consider all the relevant factors, including the wishes of the child and the parents. The judge will consider if the parties will be able to cooperate, make joint decisions, and encourage contact between the child and the other parent. In some cases, a guardian ad litem, acting solely for the interest of the child, may be used.

Child support is determined by Ohio child support guidelines and will follow a formula based on the child’s needs and the support each parent is expected to provide.

How to File for Divorce

When deciding to file for divorce, using an attorney you can trust is a smart first step. Your attorney will walk you through the process, including how to file for divorce, what paperwork you will need, where to go, and prepare you for every other step of the process.

Filing for divorce is a complicated and emotional process. Having a good attorney on your side is crucial to making sure your needs are met and you are ready to start your new life successfully. If you’re going through a divorce or thinking about filing and need representation, contact my office today.