Ohio Divorce FAQ
At The Law Offices of Shelly L. Kennedy, we have advised and represented clients in matters of divorce for 25 years. Following are some of the most common questions we hear about divorce in Ohio.
Do I need to state a reason to file for divorce in Ohio?
There are multiple grounds for divorce in Ohio. You will need to state a reason for seeking a divorce, and the most common reason is “incompatibility.” That just means that you and your spouse no longer get along. When incompatibility is the reason for divorce, you are not required to prove that your spouse did anything wrong. Here is a longer list of grounds for divorce that are legally recognized in Ohio:
- You and your spouse are incompatible.
- You and your spouse have lived separate and apart (without cohabitation) for at least a year.
- Your spouse has been willfully absent for at least a year.
- Adultery led to the marital split.
- Habitual drunkenness is an issue.
- There has been gross neglect of duty on the part of your spouse. In Ohio, if your spouse has not shown you respect, fidelity or support, you may claim that your spouse has shown a gross neglect of duty.
- Extreme cruelty: This could be physical abuse, emotional abuse or another act that makes it unreasonable, unhealthy or unsafe for you to remain with your spouse.
- You or your spouse was already married when the two of you married.
- Your spouse will be incarcerated in a state or federal correctional facility when you file for divorce.
- You and your spouse were already divorced in a different state.
- Your spouse is guilty of fraudulent contract, which means your spouse lied to you, hid important information from you or threatened or coerced you into getting married.
When can I file for divorce?
Once the grounds for divorce have been established, you can file for divorce if you have lived in Ohio for at least six months immediately prior to the filing, and if you have resided for at least 90 days in the county where you plan to file.
How is marital property divided in an Ohio divorce?
In general, marital property is divided “equitably” between the spouses in an Ohio divorce. However, “equitable” does not always mean “equal.” Each spouse is presumed to have contributed equally to the marital estate, but the court may find that an “equitable” division of property should give one spouse more property than the other. If you have questions or concerns about property division in Ohio, your first course of action should be to speak with an experienced divorce and family law attorney.
When can I change my name after my divorce?
In Ohio, you can include a name change in your divorce decree, so the name change will take effect when the divorce is finalized.
Call Us At 419-719-5245
At The Law Offices of Shelly L. Kennedy, we advise and represent divorce and family law clients in Sandusky and throughout north central Ohio. Please contact us today to schedule an appointment.