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Ohio Divorce Laws
Ohio Residency Requirements
The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint. Actions for divorce and annulment shall be brought in the proper county for commencement of action pursuant to the Rules of Civil Procedure. The Court of Common Pleas shall hear and determine the case, whether the marriage took place, or the cause of divorce or annulment occurred, within or without the state. Actions for legal separation shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure. The divorce is typically filed with in county in which the filing spouse resides. (Ohio Code - Sections: 3105.03)
Ohio Divorce Grounds:
(1) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; (2) Incompatibility, unless denied by either party. (Ohio Code - Sections: 3105.01)
Ohio Property and Debt Division
The court shall consider all of the following factors when making a property award: (A) The length of the marriage; (B) The assets and liabilities of the spouses; (C) The desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children of the marriage; (D) The liquidity of the property to be distributed; (E) The economic desirability of retaining intact an asset or an interest in an asset; (F) The tax consequences of the property division upon the respective awards to be made to each spouse; (G) The costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution of property; (H) Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses; (I) Any other factor that the court expressly finds to be relevant and equitable. (Ohio Code - Sections: 3105.171)
Ohio Spousal Support, Maintenance, or Alimony:
The court shall consider all of the following factors when determining support: (1) The income of the parties; (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; (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; (n) Any other factor that the court expressly finds to be relevant and equitable. (Ohio Code - Sections: 3105.171)
Ohio Custody and Visitation:
When husband and wife are living separate and apart from each other, or are divorced, and the question as to the parental rights and responsibilities for the care of their children and the place of residence and legal custodian of their children is brought before a court of competent jurisdiction, they shall stand upon an equality as to the parental rights and responsibilities for the care of their children and the place of residence and legal custodian of their children, so far as parenthood is involved. The court shall consider all relevant factors in determining a custody award, including, but not limited to: (1) The wishes of the child's parents regarding the child's care; (2) the child's wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court; (3) The child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest; (4) The child's adjustment to the child's home, school, and community; (5) The mental and physical health of all persons involved in the situation; (6) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights; (7) Whether either parent has failed to make all child support payments (8) Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; (9) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent's right to parenting time (10) Whether either parent has established a residence, or is planning to establish a residence, outside this state. (Ohio Code - Sections: 3105.21, 3109.03, 1309.04, and 1309.051)
Ohio Child Support:
The court may consider any of the following factors in determining whether to grant a deviation: (1) Special and unusual needs of the children; (2) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination; (3) Other court-ordered payments; (4) Extended parenting time or extraordinary costs associated with parenting time, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet, through the line establishing the actual annual obligation, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of parenting time granted by court order; (5) The obligor obtaining additional employment after a child support order is issued in order to support a second family; (6) The financial resources and the earning ability of the child; (7) Disparity in income between parties or households; (8) Benefits that either parent receives from remarriage or sharing living expenses with another person; (9) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents; (10) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing; (11) The relative financial resources, other assets and resources, and needs of each parent; (12) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married; (13) The physical and emotional condition and needs of the child; (14) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen; (15) The responsibility of each parent for the support of others; (P) Any other relevant factor. (Ohio Code - Sections: 3105.71 and 3113.217)
Ohio Common Questions
How Do I Know if I Should File in Ohio?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Ohio Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Ohio?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Ohio?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Ohio?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Ohio Divorce Forms
Ohio Forms: Our question and answer technology will allow you to easily complete your Alaska divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Ohio Divorce Forms List
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All Your Completed Ohio Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
East to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the State of Ohio. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you will complete and instantly print your divorce forms (including a marital settlement agreement), and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy.
3StepDivorceTM is a premium online divorce solution provided by Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited divorce resource since 1997.
|Provided by Divorce Source (online since 1997) Over 500,000 forms processed.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
|Step-by-Step filing procedures (who, what, where & when)||Court approval or your money back (100% guaranteed).||Unlimited toll free phone and email product support.||Online Divorce Organizer & 40+ Self-Help Divorce eBooks||Free Online Negotiation Tool (just in case you can't agree!)|