Ohio Family Law Resources

We understand that clients going through a divorce in Ohio encounter various difficult challenges that can significantly disrupt their lives. At Cordell & Cordell, our Ohio family law attorneys passionately advocate for clients during their divorce, we know how the state’s laws impact them and their loved ones.

Our family law articles can help you better understand Ohio divorce proceedings and improve communication with your divorce attorney.

• Ohio Child Custody Questions
• Divorce Information for Every Step
• What to Know When Filing for Divorce
• What Is The Residency Requirement For Filing For Divorce?
• The No-Fault/Fault-Based Divorce Debate
• What Does Child Support Actually Cover?

Ohio Divorce Process

When terminating your marriage (filing for divorce) in Ohio, you have two choices:

1. Filing a Petition for Dissolution
2. Filing a Complaint for Divorce

The Dissolution Of Marriage Process

A “Dissolution of Marriage” is Ohio’s non-contested termination of marriage. To proceed with a Dissolution the parties must reach an agreement on all issues, reduce their agreements to writing in the form of a Separation Agreement, and if applicable, a Shared Parenting Plan, and sign the agreements before anything is filed with the Court.

What is necessary for filing a Petition for Dissolution of Marriage may vary depending on the county you are filing in and whether or not the case concerns children, but generally speaking you will need to file the following:

• Petition for Dissolution
• Separation Agreement
• Financial Affidavits (the form for this can vary from county to county)
• Personal Data Form (this form can vary from county to county)
• Waiver of Service (can be included in Petition)
• Health Insurance Affidavit
• Shared Parenting Plan, if applicable
• Parenting Affidavit, if applicable
• Child Support Worksheet, if applicable
• Title IV-D (request for child support services), if applicable
• Parenting Class Certificate, if applicable (some courts do not allow this document to be filed until after the Petition for Dissolution has been filed and a case number obtained)
• Judgement Entry and Decree of Dissolution

Many of the Ohio Domestic Relations Courts have user-friendly websites in which you can obtain checklists and the various ancillary documents which will be required for purposes of filing.

The Dissolution Process is often the more efficient and economically friendly of the two options. If you and your spouse disagree on any issue, even if it is only one, you will be required to proceed with a general Divorce action which is Ohio’s “contested” process for terminating a marriage.

Steps for Divorce In Ohio

To proceed with a general divorce action, you will be required to File a Complaint for Divorce along with a number of ancillary documents which may vary from county to county. Generally speaking you will be required to file the following:

1. A Complaint for Divorce
2. Affidavits of Income, Expenses, Property, and Health Insurance (varies county to county)
3. Parenting Affidavit, if applicable
4. Motion and Affidavit for Temporary Orders, if applicable
5. Child Support Worksheet, if applicable
6. Title IV-D application, if applicable
7. Data Form Information Sheet (varies county to county)

Again, a checklist of documents required for filing can often be found on the applicable court’s website. Once you file the paperwork, your spouse will need to be served. Service can be accomplished via certified mail, personal service, sheriff service, or if a spouse’s whereabouts are unknown and cannot be determined, service by publication.

Ohio Residency Requirements

Ohio has residency requirements that you must meet before filing for divorce.

• You must live in the state for a minimum of six months prior to filing the complaint.
• You must live in the county where you are filing for at least 90 days before filing the complaint.
• You can leave the state – as long as you don’t have minor children – after filing for divorce.
• You will be required to appear in court, so you should always take that into consideration prior to moving a significant distance from the county where the divorce is filed. With that being said more and more courts are permitting the use of Zoom or similar video conferencing applications for hearings and at times, trials.
• The court is more likely to order you to remain in the state if you have minor children, you have temporary custody, and the noncustodial parent has visitation, as a long-distance move could be seen as interfering in the parent-child relationship with your spouse.

Grounds for Divorce in Ohio

Under Section 3105.01 of the Ohio Revised Code, the Court of Common Pleas may grant divorces for the following causes:

• Either party had a husband or wife living at the time of the marriage from which the divorce is sought
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint
• Procurement of a divorce outside of the State of Ohio, by husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party
• On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

Related Article: The No-Fault/Fault-Based Divorce Debate

Ohio Property Division Process

Ohio is an equitable distribution state. Though Courts regularly divide marital assets and debts equally, circumstances may arise in which the Court may find that an equal distribution is not equitable. For instance, the argument of misappropriation of funds could be brought forward in which one would argue that the opposing party was spending marital income or assets on an addiction, or on a mistress. If the same is proven sufficiently the court may alter the award of assets accordingly. Another example would be if the Court determined that one party was hiding marital assets for purposes of depriving the other party of his or her marital share.

The Ohio Rules of law regarding property division can be found in Ohio Revised Code Section 3105.171. Please note that Ohio does acknowledge separate property. Accordingly, where sufficient evidence is provided, any property that you acquired prior to the marriage or where given via gift or inheritance during the marriage, should be deemed as separate property not subject to division.

There are three kinds of property that will be addressed and when appropriate, divided when terminating a marriage:

• Marital Property: All property that was accumulated from the date of marriage to the termination of marriage or other date as the Court may order. The presumption is that all property is marital unless proven (or agreed upon) otherwise, and that all marital property will be equally (50/50) divided between you and your spouse.
• Separate Property: All property that was owned by either party before the marriage, after the date of termination as determined by the court, or was inherited or gifted specifically to one party. Your separate property interests, as long as they are agreed upon or proven, will not be subject to division through the divorce process and will remain your separate property.
• Mixed Property: A combination of marital property and separate property. In order to receive credit for your separate property, you must be able to clearly trace your separate property interest in the mixed property. This often done by providing various statements or documents which show the transfers of funds or assets.

Related Article: Divorce Tips For Men: What To Do With The House?

Ohio Child Custody Laws

In Ohio there are two kinds of custody arrangements – shared parenting or one parent is designated the legal custodian and residential parent. The most important issue regarding your children and the determination of custody is decision-making ability. If you enter into a shared parenting plan, the parents will jointly decide the school(s) children will attend, the religion they will practice, the extra-curricular activities they will participate in, and they will jointly make non-emergency medical decisions on child(ren)’s behalf. If, instead, one parent is named the legal custodian and residential parent, that parent will have the final determination in regard to these issues. Regardless of the custody determination, both parents will always have full access to school records, and medical records, unless otherwise ordered by the court.

Ohio Revised Code Section 3109.04 governs the allocation of parental rights and responsibilities and shared parenting. Ultimately, an award of custody is determined by deciding what is in the best interest of the minor children. In determining the best interest of the minor children, the Ohio courts will consider the following:

• The wishes of the child’s parents regarding the child’s care
• If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court
• The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest
• The child’s adjustment to the child’s home, school, and community
• The mental and physical health of all persons involved in the situation
• The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights
• Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor
• Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child
• Whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication
• Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding
• Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense
• Whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child
• Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court
• Whether either parent has established a residence, or is planning to establish a residence, outside this state

Please note that a determination of custody does not necessarily have anything to do with parenting time. The same would be true of a shared parenting plan. When a court determines who is going to be the legal custodian of a minor children, it is determining which parent is going to be responsible for making decisions for the minor. When shared parenting is awarded both parents equally share in all decisions made regarding the minor children. Parenting time can vary regardless of the award. In short, an award of legal custody does not necessarily mean that the non-custodian will have a standard order of parenting time and an order of shared parenting does not necessarily mean that each parent will have the minor child 50% of the time.

If shared parenting is requested by a party or both, then the court will determine if the same is in the best interest of the minor children by considering the factors listed above as well as the following:

• The ability of the parents to cooperate and make decisions jointly, with respect to the child;
• The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;
• Any history of, or potential for, child abuse, spousal abuse, other domestic violence, or parental kidnapping by either parent;
• The geographic proximity of the parents to each other, as the proximity relates to the practical considerations of shared parenting;
• The recommendation of the guardian ad litem of the child, if the child has a Guardian Ad Litem.

It is important to note that a custody determination does not necessarily correlate to parenting time. Parents can enter into a shared parenting plan in which one parent has parenting time with the child(ren) every other weekend or one parent can be awarded custody of the children but the ordered parenting time is a week to week 50/50 schedule.

In sum, custody and parenting time need to be considered separately. However, the Court will consider the best interest of the child when making a decision for both custody or parenting time.

Related Article: Ohio Child Custody Questions

Ohio Child Support

Ohio child support is statute-driven, and laws governing the same can be found in Chapter 3119 of the Ohio Revised Code. The parties’ incomes and all applicable deductions are entered in a formula and an amount of the obligation is established. The guideline amount of child support can be deviated from for a variety of reasons, which includes but is not limited to, the legal custodian earning significantly more income than the non-custodian, similar incomes a 50/50 parenting time, or the obligor having more or less than the standard order of parenting time. The Basic Child Support schedule can be found in O.R.C. 3119.021.

The named obligor is required to pay child support until such time as the child emancipates or graduates from high school, which ever is later. The obligation may extend to the age of 19, if the child did not graduate from high school while 18. The obligors child support order currently includes a cash medical support order.” At this time, the State of Ohio recognizes that parents spend an average of $388.70 per year, per child on uncovered health care expenses. Therefore, the term “cash medical” is defined as $388.70 per child, per year (as amended by statute), and the responsibility for paying this expense is allocated between the parents by income shares, as identified on Line 23 of the child support worksheet.

• “Cash medical support” means a dollar amount ordered to be paid in a child support order towards “ordinary medical expenses” incurred on behalf of the children identified in the parties’ child support order during a calendar year. The child support recipient’s share (Obligee) remains in his/her household, while the child support payor’s share (Obligor) is paid to the Obligee in conjunction with the child support amount ordered unless the child is receiving government-provided healthcare at no cost to either parent.
• “Ordinary medical expenses” include copayments, deductibles, and uninsured/unreimbursed medical-related costs for the children named in the child support order.
• “Extraordinary medical expenses” include any uninsured/unreimbursed medical-related costs incurred for a child named in the child support order that exceed the total cash medical support amount, including the monthly amount that is Obligee’s share, as identified on line 28 of the child support worksheet.

Ohio Spousal Support

The court can award reasonable spousal support in favor of either party after determining the division of property as long as the party requests it.

• If a party asks for support during the pendency of the divorce proceedings, the court can order temporary support.
• Spousal support is most often ordered to be paid in monthly installments. However the court does have the discretion and the parties may agree to an order of spousal support in the form of a lump sum payment.
• Pursuant to statute, a spousal support obligation terminates upon either party’s death unless a court order directs otherwise, the remarriage of the obligor termination date, whichever occurs first.

Ohio does not have a formula for determining spousal support. It is at the discretion of the court, but pursuant to O.R.C 3105.18, the court must consider the following:

• The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code
• The relative earning abilities of the parties
• The ages and the physical, mental, and emotional conditions of the parties
• The retirement benefits of the parties
• The duration of the marriage
• The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home
• The standard of living of the parties established during the marriage
• The relative extent of education of the parties
• The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties
• The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party
• The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
• The tax consequences, for each party, of an award of spousal support;
• The lost income production capacity of either party that resulted from that party’s marital responsibilities
• Any other factor that the court expressly finds to be relevant and equitable

In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell’s Ohio Family Law Attorneys

Domestic relations cases are often complex when property and children are involved. Adding domestic violence or the need for a guardian ad litem for minor children further complicates matters. Some divorces also have additional legal issues, such as child abuse or child custody disagreements.

An experienced Ohio family law attorney can represent you through the divorce process and help protect your rights during divorce proceedings.

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Cordell & Cordell is a law firm in over 30 states that helps clients with various family law issues. Contact our office for a consultation by filling out our online contact for or calling 866-323-7529.