Steuer, Escovar & Coleman Co. LPA Steuer, Escovar & Coleman Co. LPA

Family Law Frequently Asked Questions

What are the residency requirements and grounds for divorce in Ohio?

You must live in Ohio for six months before seeking a divorce. If your spouse agrees, you can get a divorce by simply filing divorce papers stating that you and your spouse are incompatible. Otherwise, the spouse seeking the divorce must prove one of the following grounds:
  • Separation, meaning that the spouses lived apart for a year
  • Bigamy
  • Adultery
  • Fraud
  • Neglect
  • Habitual drunkenness
  • Imprisonment of your spouse in a state or federal prison at the time you file for divorce
  • An out-of-state divorce that did not release you from marriage in Ohio

How is property divided between divorcing spouses?

Marital property is the property acquired by the spouses during their marriage, except for property that was given to one spouse as a gift, inheritance, or personal injury award. Courts strive to equitably divide a couple's marital property in their divorce. Generally, that means the marital property is divided equally between the spouses, unless that result is unfair.
In deciding how to divide the property owned by divorcing couples, judges consider a number of factors, including:
  • The length of the marriage
  • The assets and liabilities of each spouse
  • The need of a custodial parent to occupy the family home
  • The liquidity of the property to be distributed
  • The economic desirability of keeping an asset intact
  • The tax consequences of the distribution
  • The costs of the sale of assets
  • Any division of property made in a voluntary separation agreement

What kind of spousal support or alimony is available?

After the distribution of property, a court may consider the appropriateness of ordering spousal support. Spousal support is generally temporary, and it is made to enable the spouse with less income to live at a reasonable means for a period of time.
Factors considered by a court in determining spousal support include:
  • The parties' income and relative earning abilities
  • The parties' ages and their physical, mental, and emotional condition
  • The parties' retirement benefits
  • The length of the marriage
  • Whether it would be inappropriate to force the custodial parent to seek employment outside the home
  • The parties' standard of living during the marriage
  • The parties' education
  • The parties' assets and liabilities
  • Each party's contribution to the education, training, or earning ability of the other party
  • The time and expense necessary for the spouse seeking support to acquire the education, training, or job experience needed to obtain appropriate employment
  • The tax consequences of alimony
  • The earning capacity lost by either party due to marital responsibilities
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