Ohio Divorce Laws

• Division of property
• Spousal support (including, if the spouses desire, the authorization of the court to modify any spousal support terms)
• Custody, visitation, and child support, if there are any minor children

The spouses may include a parenting plan in the agreement. Between 30 and 90 days after filing such a petition, both spouses must appear in court and state under oath that he or she:

1. Voluntarily signed the agreement
2. Is satisfied with the agreement
3. Seeks dissolution of the marriage

In addition, settlement agreements are also authorized by statute and may be used in a divorce proceeding. A sample divorce complaint form is contained in Ohio Rules of Civil Procedure, Appendix of Forms, Form #20. In addition, separation agreements are specifically authorized. Finally, there may be local court rules which apply to divorce proceedings in Ohio.
[Ohio Revised Code Annotated; Sections 3105.03, 3105.10, and 3105.61-65 and Ohio Rules of Civil Procedure; Appendix of Forms].Divorce Mediation or Counseling Requirements
At the request of either spouse or on the court’s own initiative, the court may order the spouses to undergo conciliation procedures for up to 90 days. The court will set forth the procedures and name the conciliator. In addition, the court may order that parents attend mediation sessions on issues of child custody and visitation matters.
[Ohio Revised Code Annotated; Sections 3105.091 and 3117.01+].

Divorce Property Distribution
Ohio is an “equitable division” state. Each spouse retains her or his separate property, including gifts, inheritances, property acquired prior to the marriage, income, or appreciation of separate property, and individual personal injury awards. An equitable division of all of the spouse’s marital property acquired during the marriage, is allowed based on the following factors:

1. Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
2. The earning ability of both spouses
3. The income of both spouses, including marital property apportioned to each spouse and each spouse’s ability to meet his or her needs independently
4. The contribution of each spouse to the education, earning ability, and career-building of the other spouse, including the spouse’s contribution to the earning of a professional degree by the other spouse
5. The age of the spouses
6. The physical, mental, and emotional conditions of the spouses
7. The relative assets and liabilities of the spouses, including any court-ordered payments
8. The educational level of each spouse at the time of the marriage and at the time the action for support is commenced
9. The standard of living during the marriage
10. Any pension or retirement benefits of either spouse
11. The duration of the marriage
12. The tax consequences of the award
13. The time and expense necessary for the spouse seeking support to acquire education, training, or job experience to obtain appropriate employment
14. The lost income-producing capacity of either spouse resulting from marital responsibilities
15. Any other relevant factor

Marital fault is not a consideration. The court may require a spouse to provide health insurance coverage for the other spouse.
[Ohio Revised Code Annotated; Sections 3105.18, 3105.71, and 3105.171].Spouse’s Name After Divorce
Upon request, the court will restore a person’s former or maiden name.
[Ohio Revised Code Annotated; Sections 3105.16 and 3105.34].

Child Custody After Divorce
Shared parenting or sole child custody may be awarded according to the best interests of the child. Factors to be considered are:

1. Special or unusual needs of a child
2. Obligations for other minor or handicapped children
3. Other court-ordered payments
4. Extended visitation or extraordinary costs for visitation
5. Mandatory wage deductions including union dues)
6. Disparity in income between the parents’ households
7. Benefits that either parent receives from remarriage or sharing living expenses with others
8. The amount of taxes paid by a parent
9. Significant contributions from a parent (including lessons, sports equipment, or clothing)
10. The financial resources and earning capacity of the child
11. The standard of living and circumstances of each parent and the standard of living the child would have enjoyed if the marriage had not been dissolved
12. The physical and emotional conditions and needs of the child
13. The medical and educational needs of the child
14. The relative financial resources, other assets and resources, needs, and obligations of both the noncustodial and the custodial parent
15. The need and capacity of the child for an education and the educational opportunities of the child
16. The age of the child
17. The earning ability of each parent
18. The responsibility of each parent for the support of others
19. The value of services contributed by the custodial parent
20. Any other relevant factor

A child support computation worksheet is also contained in the statute.
[Ohio Revised Code Annotated; Sections 3105.71 and 3113.217].