If you find yourself in a marriage where a divorce is in the best interest for both parties, it can be scary. There is a lot of unknowns about the future and what the process looks like. At Affordable Family Law, we know that many don’t expect to be filing for divorce, so you may not feel like you have the knowledge needed. Below are some of the frequently asked questions about divorces in Ohio. We want to help guide you through the process so you can feel confident and know your voice is being heard. 

What are the residency requirements for getting a divorce in Ohio?

To file for divorce in Ohio, at least one spouse must have been a resident of the state for a continuous period of six months immediately prior to filing. Additionally, the divorce must be filed in the county where either spouse resides. This residency requirement ensures that Ohio has jurisdiction over the divorce proceedings and that the state’s laws apply to the case. It’s important to note that establishing residency is a critical factor in initiating a divorce in Ohio.

Is Ohio a no-fault divorce state?

Yes, Ohio is a no-fault divorce state. This means that neither spouse is required to prove fault or wrongdoing in order to obtain a divorce. Ohio law recognizes the grounds of “incompatibility,” which means that the spouses have experienced irreconcilable differences that have led to the breakdown of the marriage. Alternatively, the grounds of living separate and apart for one year without cohabitation can also be used to establish the irretrievable breakdown of the marriage. In a no-fault divorce, the focus is on the fact that the marriage has reached an irreparable point and there is no requirement to assign blame or prove misconduct as a basis for divorce.

How long does it take to get a divorce in Ohio?

The timeline for getting a divorce in Ohio can vary depending on various factors, including the complexity of the case, the level of cooperation between the parties, and the caseload of the court. In general, the minimum waiting period for a divorce to be finalized in Ohio is 42 days from the date of filing. However, it’s important to note that this waiting period does not mean that all divorces will be completed within that time frame. Uncontested divorces where both spouses agree on all issues such as property division, child custody, and support tend to be resolved more quickly. In such cases, the divorce may be finalized within a few months after the waiting period. On the other hand, contested divorces where there are disputes and disagreements between the parties can take significantly longer. These divorces may involve negotiation, mediation, and potentially trial proceedings. The duration of a contested divorce can range from several months to over a year, depending on the complexity of the issues and the ability of the parties to reach agreements.

How is property divided in an Ohio divorce?

Ohio follows the principle of “equitable distribution” when dividing marital property in a divorce. This means that the court will strive for a fair distribution of assets and debts, considering factors such as the length of the marriage, the economic circumstances of each spouse, and any contributions to the acquisition of marital property. Equitable distribution does not necessarily mean a 50/50 split. Here are key factors the court considers when dividing property in an Ohio divorce.

  • Marital Property
  • Economic Circumstances
  • Length of Marriage
  • Contributions to the Marriage
  • Dissipation of Assets
  • Tax Consequences

How is child custody determined in Ohio?

When determining child custody in Ohio, the court will consider the best interests of the child. Ohio recognizes both shared parenting and sole custody arrangements. The court may consider factors such as the child’s relationship with each parent, the parent’s ability to cooperate and make decisions together, the child’s adjustment to their home, school, and community, and the wishes of the child, depending on their age and maturity. 

How is child support calculated in Ohio?

In Ohio, child support is typically calculated using the Ohio Child Support Guidelines, which provide a formula for determining the amount of child support owed by the noncustodial parent. The formula takes into account various factors, including the income of both parents, the number of children, and certain expenses related to the children’s well-being. Here are the key steps involved in calculating child support in Ohio:

  1. Determine Gross Income: The gross income of both parents is considered. This includes wages, salaries, commissions, bonuses, self-employment income, pensions, and other sources of income.
  2. Adjust Income: Certain adjustments may be made to the gross income, such as subtracting self-employment taxes, union dues, or support payments from a previous relationship.
  3. Combine Parents’ Incomes: The gross incomes of both parents are added together to determine the combined parental income.
  4. Determine Basic Child Support Obligation: The Ohio Child Support Guidelines provide a table that correlates the combined parental income with the basic child support obligation. The table specifies the amount of child support based on the number of children and the combined income.
  5. Allocate Child Support: The basic child support obligation is divided between the parents based on their proportionate share of the combined income. The noncustodial parent typically pays a percentage of the support obligation based on their income and the custody arrangement.
  6. Adjustments for Parenting Time and Additional Expenses: Additional adjustments may be made for parenting time credits, health insurance costs, childcare expenses, and extraordinary medical or educational expenses.
  7. Calculate Child Support Amount: After considering all relevant factors and adjustments, the final child support amount is determined.

It’s important to note that child support calculations can be complex, and additional factors may come into play depending on the circumstances. Not to mention that child support can be adjusted after the initial decision is made if circumstances change. 

Choose Affordable Family Law

In the unfortunate event of a divorce, it can be a stressful time for both parties involved. At Affordable Family Law, out team is experienced, trained, and dedicated to your situation. We want to help guide you through the whole process, make sure that you are heard, and feel that the resolutions are fair. No matter the situation you find yourself in, we want to help you get the best outcome possible. Please call us with any questions that you may have and we would be happy to see how we can help you. We want to help you move forward with your life and make it your own!