What are the legal requirements for filing for divorce in Ohio?
The legal requirements for filing for divorce in Ohio are as follows:
- Residency requirement: At least one of the spouses must have lived in Ohio for at least six months prior to filing for divorce.
- Grounds for divorce: Ohio is a "no-fault" divorce state, which means that a spouse does not need to show that the other spouse did something wrong in order to obtain a divorce. The only grounds for divorce in Ohio is that the marriage is "irretrievably broken."
- Filing the petition for divorce: The spouse who begins the divorce process must file a petition for divorce with the local county court.
- Serving the spouse: The other spouse must be served with a copy of the petition for divorce. This can be done in person by a sheriff or process server, or by certified mail.
- Waiting period: Ohio has a 30-day waiting period, which begins after the other spouse has been served with the petition for divorce. This waiting period is designed to allow the spouses to try to work out any issues related to the divorce, such as property division, child custody, and support.
- Division of property: Ohio is an "equitable distribution" state, which means that marital property is divided fairly, though not necessarily equally, in a divorce. Marital property is any property obtained by either spouse during the marriage, except for certain types of property that are specifically exempted under Ohio law.
- Child custody and support: Ohio courts make custody and support decisions based on the best interests of the children involved. Factors that are considered include each parent's ability to provide for the children's physical and emotional well-being, and their ability to maintain a good relationship with the children.
In conclusion, to file for divorce in Ohio, one must meet the residency requirement, file a petition for divorce with the county court, serve the other spouse, wait for the 30-day waiting period, and address issues related to property division, child custody, and support. If further action is necessary, one may consult with an attorney for legal advice.