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Residency Requirements in Ohio - When can I file? How do I Prove Grounds for a Divorce? Can I force my spouse into counseling? Residency Requirements for an Ohio Divorce The spouse filing for divorce or dissolution of marriage must have been a
resident of Ohio for at least 6 months and a resident of the county for at least
90 days immediately prior to filing. [Ohio Revised Code Annotated; Section
3105.03 and Ohio Rules of Civil Procedure, Rule 3]. In Ohio, the moving party (the one who is asserting the divorce), grounds or reasons must be established. The grounds are as follows: In addition to the no-fault grounds (after a one year separation), the following are also grounds for divorce: · Bigamy.· Willful absence of either party for one year.· Adultery.· Extreme Cruelty.· Fraudulent Contract.· Gross Neglect of duty.· Habitual drunkenness.· Imprisonment of adverse party at the time of filing for divorce.However, Ohio does have a "No Fault" provision for divorce under limited circumstances. If both parties agree that they are "incompatible," they may file for a divorce on that ground. Also, either party may apply for a divorce after a one year uninterrupted separation without cohabitation. Of course, a dissolution is friendlier avenue to pursue. This occurs when both parties are able to agree on everything prior to filing. Both spouses may jointly file a petition for dissolution of marriage. The petition must: (1) be signed by both spouses; (2) have attached to it a separation agreement which provides for (a) division of property, (b) spousal support (including, if the spouses desire, the authorization of the court to modify any spousal support terms), and (c) custody, visitation, and child support, if there are any minor children. Between 30 and 90 days after filing such a petition, both spouses must appear in court and state under oath that he or she: (1) voluntarily signed the agreement; (2) is satisfied with the agreement; and (3) seeks dissolution of the marriage. In addition, settlement agreements are also authorized by statute and may be used in a divorce proceeding. A sample divorce complaint form is contained in Ohio Rules of Civil Procedure, Appendix of Forms, Form #20. In addition, separation agreements are specifically authorized. Finally, there may be local court rules which apply to divorce proceedings in Ohio. [Ohio Revised Code Annotated; Sections 3105.03, 3105.10, 3105.61-65 and Ohio Rules of Civil Procedure, Appendix of Forms]. In determining custody, the court will look to the best interest of the children. There is no legally-mandated requirement to favor joint custody. If the court approves a shared parenting plan, the judge will try to assure that it provides each parent with frequent and continuing contact with the child, as long as that is in the child's best interest. The court will consider whether either parent has been found to have abused or neglected the child. A court must deny custody and visitation to a parent who has been convicted of aggravated murder, murder, or voluntary manslaughter of the other parent of the child. Once the court has issued a custody decree, it will modify the decree if a change has occurred in: · The child's circumstances; or· The residential parent's circumstances; or· The circumstances of either parent in a shared-parenting plan; or· The non-residential parent's situation, where that parent now requests joint parenting.Sections 3109.04(A), (B)(3)(d)(1)(c), (E)(1), 3109.06, 3109.41, and 3109.48. Other factors in determining custody, including Shared Parenting, are as follows: Shared parenting or sole child custody may be awarded according to the best
interests of the child. Factors to be considered are: (1) the preference of the
child, if the child is of sufficient age and capacity; (2) the child's
adjustment to his or her home, school, and community; (3) the mental and
physical health of all individuals involved; (4) the relationship of the child
with parents, siblings, and other significant family members; (5) whether one
parent has willfully denied visitation to the other parent; (6) any child or
spousal abuse; ; (7) whether either parent lives or intends to live outside of
Ohio; (8) the ability of the parents to cooperate and make joint decisions; (9)
the health and safety of the child; (10) any history of child abuse, spouse
abuse, domestic violence by a parent or anyone who is or will be a member of the
household where the child will reside, or parental kidnapping ; (11) the
geographic proximity of the parents to each other as it relates to shared
parenting; (12) the child's and parent's available time; (13) the child's
available time to spend with any siblings; (14) any failure to pay child
support; and (15) any other relevant factors. Both parents are considered to
have equal rights to custody. In addition, for shared parenting to be awarded,
both parents must request it and submit a plan for shared parenting. The
financial status of a parent is not to be considered for allocating any parental
rights and responsibilities. The court may require an investigation of the
parents and any evidence of neglect or child or spousal abuse will be considered
against the granting of shared parenting or such parent being granted the status
as residential parent. [Ohio Revised Code Annotated; Sections 3105.21, 3109.03,
3109.04, and 3109.051]. Either or both parents may be ordered to pay
child support. Marital misconduct is not to be considered in this award. Health
care insurance may be ordered to be provided for the child and the spouse. Child
support payments may be ordered to be paid through the state child support
agency. There are official child support guidelines that are presumed to be
correct unless there is a showing that the amount of the support award would be
unjust or inappropriate under the particular circumstances of a case. Factors
which may be considered in adjusting a child support amount are: (1) special or
unusual needs of a child; (2) obligations for other minor or handicapped
children; (3) other court-ordered payments; (4) extended visitation or
extraordinary costs for visitation; (5) mandatory wage deductions (including
union dues); (6) disparity in income between the parent's households; (7)
benefits that either parent receives from remarriage or sharing living expenses
with others; (8) the amount of taxes paid by a parent; (9) significant
contributions from a parent (including lessons, sports equipment, or clothing);
(10) the financial resources and earning capacity of the child; (11) the
standard of living and circumstances of each parent and the standard of living
the child would have enjoyed if the marriage had not been dissolved; (12) the
physical and emotional conditions and needs of the child; (13) the medical and
educational needs of the child; (14) the relative financial resources, other
assets and resources, needs, and obligations of both the noncustodial and the
custodial parent; (15) the need and capacity of the child for an education and
the educational opportunities of the child; (16) the age of the child; (17) the
earning ability of each parent; (18) the responsibility of each parent for the
support of others; (19) the value of services contributed by the custodial
parent; and (20) any other relevant factor. A child support computation
worksheet is also contained in the statute. [Ohio Revised Code Annotated;
Sections 3105.71, 3113.215, and 3113.217]. Either spouse may be awarded reasonable
spousal support, in lump sum or in periodic payments, based on a consideration
of the following factors: (1) whether the spouse seeking support is the
custodian of a child whose condition or circumstances make it appropriate for
that spouse not to seek outside employment; (2) the earning ability of both
spouses; (3) the income of both spouses, including marital property apportioned
to each spouse and each spouse's ability to meet his or her needs independently;
(4) the needs and obligations of each spouse; (5) the contribution of each
spouse to the education, earning ability, and career building of the other
spouse, including the spouse's contribution to the earning of a professional
degree by the other spouse; (6) the age of the spouses; (7) the physical,
mental, and emotional conditions of the spouses; (8) the relative assets and
liabilities of the spouses, including any court-ordered payments; (9) the
educational level of each spouse at the time of the marriage and at the time the
action for support is commenced; (10) the standard of living during the
marriage; (11) any pension or retirement benefits of either spouse; (12) the
duration of the marriage; (13) the tax consequences of the award; (14) the time
and expense necessary for the spouse seeking support to acquire education,
training, or job experience to obtain appropriate employment; (15) the lost
income producing capacity of either spouse resulting from marital
responsibilities; (16) any other relevant factor. Marital fault is not a
consideration. The court may require a spouse to provide health insurance
coverage for the other spouse. [Ohio Revised Code Annotated; Sections 3105.18,
3105.71, and 3105.171 ]. Ohio is an "equitable division" state. Each spouse retains her or his separate property, including gifts, inheritances, property acquired prior to the marriage, income or appreciation of separate property, and individual personal injury awards. An equitable division of all of the spouse's marital property acquired during the marriage, is allowed based on the following factors: (1) the desirability of awarding the family home, or right to reside in it, to the spouse with custody of the children; (2) the liquidity of the property to be distributed; (3) the financial resources of both spouses; (4) the economic desirability of retaining an asset intact; (5) the tax consequences of the division; (6) the duration of the marriage; (7) the costs of any sale of an asset, if a sale is necessary for division purposes; (8) any division made in a separation agreement; and (9) any other relevant factor. The division of the marital property will be equal, unless such a division would be inequitable. Marital fault is not a consideration. The amount of any spousal support award is not to be considered in the division of property. [Ohio Revised Code Annotated; Section 3105.171]. Note: Non-Marital property as described above, is not considered in the division of assets.
At the request of either spouse or on the court's own initiative, the court
may order the spouses to undergo conciliation procedures for up to 90 days. The
court will set forth the procedures and name the conciliator. In addition, the
court may order that parents attend mediation sessions on issues of child
custody and visitation matters. [Ohio Revised Code Annotated; Sections 3105.091
and 3117.01+].
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