Ohio divorce laws
Child
Support
Ohio
divorce laws allow for family courts to order
one or both parents to pay a reasonable amount
of child support. Guidelines have been established
allowing for a relatively simple calculation.
The court has the latitude to deviate from
the guidelines if it finds applying the guidelines
would result in an unjust or inappropriate
award. Ohio divorce statutes allow for the
"Income Shares" method of calculation, which
makes each parent responsible for a proportionate
amount of the over all combined income. The
court will order that one or both
of the parents provide for the health care
needs of the child to the satisfaction, and all payments be made
through the Office of Child Support in the
Department of Job and Family Services. If
you'd like to learn more, the web site can
be accessed here.
Find customer service phone numbers and questions
answered.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Residency 
The person filing the
action
for divorce
must
have
been
a resident
of Ohio
for at
least
six months
immediately
before
filing
the complaint.
Ohio
divorce
laws
suggest
that
you file
your
action
either
in the
county
where the marriage
took
place,
or in
the county where
the cause
of the
breakdown
of the
marriage
occurred.
Child
Custody 
Ohio
courts will presume that joint custody will
be in the children's best interest unless
it finds otherwise. Whenever
possible, the order or decree permitting
the parenting time will ensure the opportunity
for both parents to have frequent and continuing
contact with the child, unless frequent and
continuing contact by either parent with
the child would not be in the best interest
of the child. "Best interests of the children" is the primary mission
of Ohio divorce statutes.
You might consider drafting and then filing
a parenting plan with the court. If you can
get your divorcing spouse to sign on, it'll
make things flow much more smoothly. The
judge can accept however, a plan from one
of you, and if the court determines that
that plan is reasonable and in the children's
best interest, it can be so ordered. The courts may consider the following:
1.) The wishes of the child; 2.) The
wishes of the child's parents regarding the
child's care; 3.) 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; 4.) The
child's adjustment to the child's home, school,
and community; 5.) The mental and physical
health of all persons involved in the situation;
6.) The parent more likely to facilitate
court-approved parenting time rights or visitation
and companionship rights; 7.) Whether 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; 8.) Whether
either parent has established a residence,
or is planning to establish a residence,
outside this state.
Wondering who will get custody? Each case
is different, but the courts award primary
custody to the mother of the child in more
than three-quarters of the cases, although
the trend of late has been more to the fathers
being award custody. In general terms, the
mother will get physical custody unless it
can be proven that she has demonstrated poor
parenting skills that threaten the childrens
safety.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Grounds
for
Divorce
Ohio divorce laws allow for the following
grounds for divorce: 1.) Either party had
a husband or wife living at the time of the
marriage from which the divorce is sought;
2.) Willful absence of the adverse party
for one year; 3.) Adultery; 4.) Extreme
cruelty; 5.) Fraud; 6.) Any gross
neglect of duty; 7.) Habitual drunkenness;
8.) Imprisonment of the adverse party in
a state or federal correctional institution
at the time of filing the complaint; 9.) Procurement
of a divorce outside this state, by a 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; 10.) On the application
of either party, when husband and wife have,
without interruption for one year, lived
separate and apart without cohabitation;
11.) Incompatibility, unless denied by either
party
Mediation 
Mediation
can be ordered at any
time following the service
of a summons or at any
|