Ohio is a no-fault divorce state. In Ohio, the individual filing a divorce complaint is known as the Plaintiff, while the other divorcing partner (spouse receiving the divorce papers) is known as the Defendant. The primary legal issues in Ohio divorces case are the grounds for dissolution, spousal support, the distribution of martial assets, properties and debts, as well as parental rights and responsibilities.
What are the Grounds for Ohio No Fault Divorce?
The grounds for a No Fault Divorce Ohio are as follows:
• Couple must reside apart and be separated in the absence of cohabitation for at least one consecutive year
Remember, a no fault divorce is simply an agreement to get a divorce without pointing to one spouse’s actions for causing the divorce. A no fault divorce filing may still yield problems with regards to disagreements over the division of property, assets, debts and other matters such as child support and spousal support. A couple will file a no fault divorce if both spouses mutually agree to the dissolution without pointing to one spouse’s actions as the mechanism for causing the split. Regardless of the type of filing—whether it be a “fault” or “no fault” divorce—all Ohio divorce cases must adhere to the state’s residency requirements.
Residency Requirements for Ohio No Fault Divorce:
To successfully file an Ohio No Fault Divorce both spouses must meet the following residency requirements:
• The plaintiff (spouse filing the divorce papers) must reside in Ohio for at least six months immediately before the divorce papers are filed. Moreover, the plaintiff must reside in the country where the divorce was filed for a minimum of 90 days, or
• The plaintiff is required to reside in Ohio for at least six months before the divorce complaint was filed and the Defendant (spouse who receives the divorce papers) must reside in the county where the divorce papers were filed for a minimum of 90 days
How do I File a No Fault Divorce in Ohio?
The first step to filing a no fault divorce in Ohio is to file a complaint. The divorce complaint, which is delivered to your spouse, will consist of the following information:
• The filing party must affirm that he/she has stayed in Ohio for 6 months immediately before the divorce papers were filed
• The date and location of the marriage
• The name and dates of birth for any of your minor children
• The grounds for divorce (only acceptable ground for a no fault divorce Ohio are incompatibility and separation)
• A formal demand regarding relief requested by a state court
After filing the divorce complaint, you must deliver it to your spouse (the defendant). In Ohio, there are a few mediums for delivery; these methods may be applied even if your spouse lives in another state. You may deliver the papers through mail, through your sheriff’s office or through a 3rd party serving agency.
After the delivery has been made, your spouse (the defendant) must file an answer. In this response, your spouse will admit or deny the allegations in the divorce papers. If your spouse denies the no fault divorce claims, a formal defense must be raised in the answer. Furthermore, your spouse may file a counterclaim to assert claims against you.
After the papers are responded to, the divorce case is regarded as ‘pending.’ While the case is pending, you and your spouse may request temporary orders for the following:
• Spousal support
• Child support
• Child custody or visitation rights
• Restraining orders to prohibit removal of a child from the jurisdiction of the state court