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Divorce, Custody and
Child Support
Domestic Relations in Ohio
Divorce:
A divorce is a civil
lawsuit that terminates a marriage. It is
typically filed when the parties are not able to agree
on property division, spousal support, issues with minor
children, one party needs something to happen soon, or
to prevent something from happening. The Plaintiff
must have been a resident of the State of Ohio for
six(6) months preceding the filing of the divorce.
The Plaintiff must have
grounds for the divorce such as either party had a
husband or wife living at the time of the marriage from
which the divorce is sought, willful absence of the
adverse party for one year, adultery, extreme cruelty,
fraudulent contract, any gross neglect of duty, habitual
drunkenness, imprisonment at the time of filing the
complaint, when husband and wife have, without
interruption for one year, lived separate and apart
without cohabitation, or incompatibility, unless denied
by either party. O.R.C. 3105.01.
Dissolution:
A dissolution is an action
that terminates a marriage where the parties have a
mutually agreed to do so. The parties have to
agree on property division, spousal support, and all
issues with any minor children. In a dissolution,
the parties sign a contract call a Separation Agreement,
which states the parties agreements regarding property
division, spousal support, and all issues with minor
children, which is then presented to the court for
approval.
Legal Separation:
A legal separation
does not terminate a marriage. The parties
still have to divide property, determine spousal
support, and deal with all issues with any minor
children. A legal separation is rarely filed in
Ohio.
Post Decree Issues:
After the decree of divorce
or dissolution, the parties are able to come back to the
court for modification of custody, child support, and
the tax dependency exemption. The parties are
typically able to go back to court to enforce all issues
in the decree that one party may not be following.
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Parents who do not
marry: When people are not married and have
children, the parents will have paternity
established, and then child support can be set,
parental rights can be allocated, and the tax
dependency exemption can be allocated.
For further information or
questions, please contact Jennifer L. Lawther at
216.289.4740
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