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Ohio Divorce Facts

When going through a divorce in in Ohio, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Ohio should know. The facts listed here are only a selected few of the more comprehensive set of Ohio Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Ohio Divorce Professional.

  • Anyone filing a complaint for divorce must be an Ohio resident for at least six months and a resident of the county for 90 days.
  • Ohio recognizes common law marriages (If united before October 10, 1991).
  • In any Ohio divorce, the court orders an equitable, but not necessarily equal, division of property acquired during the marriage. The court does not divide any property acquired before the spouses married. Therefore, it is important to document what property the spouses own and when each acquired it.
  • The Ohio court may decide that one spouse needs financial support from the other in order to meet his or her basic living needs and to maintain the lifestyle he or she enjoyed during the marriage.
  • In any divorce, the court considers the best interests of the children and it provides for their financial, educational, and emotional needs and may hand down temporary orders to provide for the children while the case is pending.
  • In deciding child custody, the court considers the best interests of the children, the wishes and concerns of the parents, the child's wishes and concerns, the child's relationship with their parents, siblings, and extended family, the child's adjustment and development at home, school, and in the community, the mental and physical health of the parents, child, and siblings, the parental history of paying child support, the parental history of abuse or neglect of any child, the denial of other parent's rights to visitation, and any parental relocation plans.
  • Both parents, regardless of gender, are required to provide financial support for all of their minor children, based on the Ohio Child Support Guidelines.
  • At any time during or after the divorce case, a parent may request that a child support order be modified. Modification is granted in order to meet changes in the needs of the children. For example, if a child develops special medical needs, the court may modify child support to require that a parent pay to meet those needs. It is also possible for the court to modify a child support order when there are changes in a parent's ability to pay the original support order. For example, if a parent loses his or her job, the court may decrease the child support payment to reflect the loss in income. In the alternative, the court may increase child support payments if a parent gets a raise or wins the lottery.

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