Family Law FAQs

  • In Ohio, a "no-fault" divorce can be granted on the grounds of incompatibility, which means that the marriage has broken down beyond repair. Fault-based grounds such as adultery, abandonment, imprisonment, and cruelty are also recognized

  • Ohio follows the principle of equitable distribution, meaning that marital property is divided fairly but not necessarily equally. Marital property includes assets acquired during the marriage, while separate property typically includes assets owned before the marriage or acquired through inheritance or gifts.

  • Ohio takes domestic violence seriously. Victims can seek protection orders (restraining orders) from the court, which can prohibit the abuser from contacting or coming near them. Violating a protection order is a criminal offense.

  • While it's possible to represent yourself (pro se) in family law matters, it's generally recommended to seek legal advice, especially if your case involves complex issues such as child custody, property division, or domestic violence. A lawyer can help ensure your rights are protected and that you understand the legal process.

  • Child custody in Ohio is determined based on the best interests of the child. Factors considered include the child's wishes (if they're old enough), the parents' wishes, the child's relationship with each parent, the child's adjustment to their home, school, and community, and any history of domestic violence or abuse.

  • Yes, under certain circumstances, grandparents in Ohio can petition the court for visitation rights. This might be granted if it's in the best interests of the child and if the court determines that it won't interfere with the parent-child relationship.

  • Yes, same-sex couples have the same adoption rights as heterosexual couples in Ohio. They can adopt jointly or individually, and Ohio recognizes adoptions by same-sex couples performed in other states.

  • Ohio uses a formula called the "Income Shares Model" to calculate child support. This formula considers both parents' income, the number of children, daycare expenses, health insurance costs, and other factors. Courts may deviate from this formula in certain circumstances.

  • A legal separation in Ohio allows couples to live separately but remain legally married. It addresses issues such as child custody, support, and division of property, similar to a divorce, but the marriage remains intact.

  • The time it takes to finalize a divorce in Ohio can vary depending on factors such as whether the divorce is contested or uncontested, the court's docket, and the complexity of the issues involved. On average, it can take several months to a year or more.