Ohio Divorce Laws

Ohio divorce laws are quite open to a range of grounds for divorce, making it somewhat easier to file for divorce than it is in many other states. You don't need to prove any severe grievance has occurred in order to file for divorce in Ohio.

Under Ohio divorce laws, you can file for divorce citing No Fault as the reason - in other words, you can get a divorce if both spouses are simply willing to agree the marriage isn't working and is beyond repair. In this case spouses can often come to their own agreements about the distribution of property and child visitation rights.

Divorce can be filed in Ohio by citing No Fault or incompatibility only if both spouses agree to this. If there is a dispute on either side - for instance, if one spouse belives that there are no irreconciliable differences in the marriage, and that problems can be solved via an alternative route such as therapy - then the divorce proceedings will have to go through the full court process.

There are different terms used in these circumstances. When a marriage is ended by agreement of both parties and no fault is given, this is known as a dissolution. The other option for ending a marriage is an annulment, wherein the marriage should not have been legally ratified to begin with - for instance, because one spouse was already married. The term divorce applies to a legal ending of the marriage due to a fault on the part of one spouse or the other.

There are also a number of causes for divorce when one spouse is at fault in the marriage. Faults can include having a previous marriage that is still legally intact, alcoholism, an extended period of abandonment (one year or more), imprisonment, and of course adultery. ohio divorce laws also allow for the possibility that one spouse will file for divorce in another state, thus dissolving their responsibilities under the marriage contract while the spouse in Ohio still has obligations. In this case the spouse in Ohio can file for divorce in Ohio to remove any remaining marital responsibility.

Other grounds for divorce in Ohio include extremely cruelty or inhumane treatment. A divorce can also be filed citing gross neglect of duty as the grounds, meaning that the other spouse has failed in a fundamental role as a partner in the marriage. A divorce can also occur when one spouse has entered into the marriage under false pretences, lying to their partner in such a way that the marriage would not have occurred had the truth been known. The legal term for this is "fraudulent contract."

Like many other states, when it comes to property distribution the law in Ohio stipulates that assets and property should be distributed equitably. As with other states, this does not necessarily mean property will be shared equally, but rather it will be divided up in a fair way (according to the judge's discretion) according to the specific facts of the case.

As far as child custody, child visitation rights and child support, these matters are best resolved by agreements between the spouses whenever possible. It's always better for spouses to arrange their own agreement about who will look after the children and when the other spouse should be allowed limited custody or visiting rights. However, in instances where communication has totally broke down between spouses, it's often left to the court system to determine what will happen to the children.

The Ohio courts take several major factors into account for determining child custody. One of the major elements the court looks at is the communication and cooperation between parents. This can be a factor that determines whether one spouse will be allowed shared custody, or merely visitation rights.

Another important factor used to determine who should get custody is the ability of that parent to maintain a healthy relationship for the children with the other parent. The court system in this respect is designed to try to ensure that the children will be affected as little as possible by the break up of the marriage by maintaining a loving relationship with both parents, unless this is impossible or contact with one parent is deemed to be unhealthy or dangerous for a child.

In some instances, a guardian ad litem - typically a lawyer specializing in family law - will be appointed by the court to represent the best needs of the children.

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