Divorce Law Requirements in Ohio

Divorces are always pretty hard for couples, as they have many consequences on their future lives. The procedure itself is very complicated and there are a number of laws that have to be abided by and understood before you even become able to apply for a divorce, especially if you are living in Ohio. The following are some of the divorce law requirements that you would have to fulfill in order to get a divorce in Ohio.

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Residency Laws

The person applying for the divorce must have been a resident of Ohio for at least six months before he is even able to file for it. Moreover, the only court in Ohio that can hear a case for divorce is the Court of Common Pleas, so you will have to file for yours in that court located in your county.

Basis for Divorce

There are many grounds on the basis of which you can be granted a divorce in Ohio. Incompatibility, imprisonment of one of the spouses, living away from each other for a period of over a year, cruel behavior and fraudulent conduct, excessive and habitual drinking and having a living husband or wife at the time of the marriage are some of the grounds for which you can apply for a divorce.

Legal Separation

There is a provision for a legal separation provided by the court of common pleas for the couples who do not want a divorce, but are looking for a separation. A separation is going to require the same grounds that are needed for a divorce. Every legal separation requires that the couple make provisions regarding the maintenance of the dependent spouse and their children.

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Family Counseling and Conciliation

If in a case of a divorce the court sees that there is a chance that the parties can conciliate with each other, then it has the power to direct both the parties to take part in conciliation sessions. In cases if there are children, the court might see fit to order the petitioners to attend family counseling. The time period that is usually allotted to the counseling and conciliation process by the court is about three months. If no improvement takes place during this time period then the court is going to go ahead with the divorce proceedings.

Distribution of Property

The division of the marital property in cases of divorce is done in an equitable fashion in Ohio. The factors that are going to decide which party is going to receive what portion of the property include the current properties that each spouse has in his/her possession, the time period for which they had been married, the nature of the property that is to be distributed and the tax consequences that both parties will have to bear.

Custody of the Child

The decision regarding the child’s custody is made after taking in to account the wishes of the child and the parents, the health of the parent wanting the custody and his/her ability to raise the child properly.

In addition to the abovementioned laws, there are a number of documents that you would also have to produce in court if you are going to finalize a divorce. You can hasten this process by hiring an attorney who can arrange for the documents by using the templates that he would have with him. So, when filing for a divorce in Ohio, do remember to hire the services of an attorney.

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