Divorce Law Basics in the State of Ohio

Also See: Ohio Marriage Laws

Statute: Ohio State Divorce Code (Title 31, Chapter 3105): codes.ohio.gov

No-Fault Grounds:

• Living separate for at least one year prior to filing
• Incompatibility

At-Fault Grounds:

• Adultery
• Cruel and inhuman treatment
• Bigamy
• Willful absence for at least one year
• Fraudulent contract
• Gross neglect of duty
• Habitual drunkenness
• Imprisonment in a state or federal correction institution at the time of filing
• Procurement of a divorce outside the state by virtue of which the party who procured it is released from the obligations of the marriagewhile those obligations remain binding upon the other party

Residency: The plaintiff must be a resident of the state for at least 6 months prior to filing

Legal Separation Recognized? Yes, for the same grounds as divorce. Alimony, property distribution and child support can be awarded.

Property Distribution: Ohio relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault may be considered.