Ending a Marriage in Ohio FAQ

By Karen Held Phipps

Ohio law provides several ways to end a marital relationship between a husband and wife: divorce, uncontested divorce, dissolution and annulment. To end a marriage in Ohio the party filing for divorce or dissolution must be a resident of the state of Ohio for a period of six months and they must be a resident of the county for ninety days prior to filing.

What is the difference between divorce, uncontested divorce, dissolution, and annulment?

Divorce is the process of terminating the marriage and begins like all lawsuits; one party files a complaint (the plaintiff) against their spouse (the defendant). When the complaint is filed the case is assigned to a judge and magistrate. The defendant typically files an answer and counterclaim against the plaintiff. This is a contested divorce. This process takes the longest and may cost the client more in attorney fees. When there are issues that cannot be decided or agreed upon by the parties the Court will make the decisions.

Uncontested Divorce is a no fault termination of the marriage and the parties agree on all issues related to the ending of their marriage. This means all disputes between the husband and wife were resolved outside of the courtroom. Like the divorce action the plaintiff files a complaint but because it is uncontested the defendant does not file an answer. The court sets a hearing date 28 days after the filing of the complaint. An uncontested divorce is also used in the situation where the defendant has already moved out of state and is uninterested in returning for the hearing. If defendant chooses not to return for the hearing the plaintiff must bring a witness. The uncontested divorce usually takes less time and is less costly than litigation.

Dissolution is also a no fault termination of the marriage in which the parties present their written separation agreement to the court with a petition asking the court to dissolve the marriage. Unlike the divorce the parties are referred to as petitioners. The court then holds a final hearing acting on the parties’ petition no less than thirty days and no more than ninety days after it is filed. Both petitioners must be present at the final hearing. An advantage of dissolution is the parties can be relatively certain of the outcome.

Annulment is a decree from the court determining that a marital status never existed. There are several grounds for annulment provided by Ohio law.

Is there a right to a jury trial in a divorce case?

Ohio does not permit jury trials in divorce cases, the trial is set before a judge and the judge will make the final determinations.

What are the main legal issues when terminating a marriage?

The main issues when terminating a marriage are the grounds for termination, allocation of parental rights and responsibilities, child support, spousal support, and the final division of the marital assets and debts.

What is the standard for dividing property in Ohio?

In Ohio each party is considered to have contributed equally in acquiring of marital property. The laws of Ohio require an equal division of marital property, unless such a division is inequitable.

What is shared parenting?

In Ohio the term shared parenting is used instead of joint custody. Shared parenting is when the parental rights and responsibilities for the care of the children are granted to both of the parents. Both parents communicate and make joint decisions regarding the care of the children according to a shared parenting plan. However, this is not necessarily a 50/50 split of parenting time or of child raising expenses.

What is legal custody?

Legal custody is also known as sole custody. This is when one parent is placed in charge of the children in regard to schooling and medical treatment.

How is visitation determined?

Visitation is determined by agreement of the parties or by court order.

Can visitation or a shared parenting plan be modified?

The parties can agree to a modification. If the parties do not agree to a modification one party can file a motion with the court to modify the agreement or court order. The party that files a motion must prove it is in the best interest of the children to have the shared parenting plan modified. The court must consider the factors provided in Ohio law to determine what is in the best interest of the child.

What is child support and how is it determined?

Child support is the payment one parent makes to the other parent for the financial support of the children. It is in the best interest of the child for both of the parents to be obligated to financially support the children. Child support covers what the children need throughout the dependent years. However, daycare and school expenses are separate matters to be addressed. The law provides the guidelines to determine the amount of child support. The guidelines provide an objective basis for determining the amount of support to be paid.

What is spousal support?

Spousal support is commonly known as alimony. Courts consider a number of factors to determine if spousal support will be awarded, and if awarded the amount. A few of the factors considered are: the length of the marriage; income of the parties; age and consideration of the parties; and the standard of living throughout the marriage. There are a number of other factors taken into consideration.

What other important issues should I discuss with an attorney?