Going through a divorce requires that you have a good understanding of the divorce laws that apply in your state. Your divorce process will depend on what state you are filing for divorce in – some states demand that marital assets are divided equally between spouses, whereas others consider a number of situational factors before deciding how the assets should be divided.
It’s a good idea to conduct your research when it comes to divorce laws before filing. This will ensure that you will not get any unpleasant surprises when you have already committed to the process. The following is an overview of the current divorce laws in Ohio.
The filing requirements for divorce in Ohio
Not just anyone can successfully file for divorce in Ohio. In order to do so, you must have been a resident in the state for at least six months.
There is a waiting requirement
Ohio courts want to make sure that a person does not hastily file for divorce and then regret it later. Therefore, in some cases, the court may order a conciliation period of 90 days so that the couple can consider whether divorce is really the answer.
It’s possible to file for a no-fault divorce
It is possible for a spouse to file for a divorce without blaming their partner for the breakdown of the marriage. They can file on the grounds of incompatibility or if they have been separated for at least one year.
Fault-based ground for divorce
Other grounds for divorce include adultery, cruelty or violence, alcoholism, or imprisonment.
Community property is not recognized
In Ohio, community property is not recognized, meaning that marital property will not automatically be split equally between spouses. Instead, the Ohio divorce courts will consider several factors to decide the fairest way to divide assets.
If you are a resident in Ohio and you are unhappy in your marriage, start planning your divorce strategy before you commit to filing.