Understanding Ohio Divorce Jurisdiction Requirements and Divorce Basics
Understanding the legal context in which a divorce takes place is crucial for people going through this process. An important piece of this context is jurisdiction – the authority of a court to hear and decide a case. Each state has specific rules that govern which courts have the authority to hear cases involving divorce, dissolution, spousal support, child support, and child custody. In Ohio, residency is a key factor in determining Ohio divorce jurisdiction requirements.
Ohio Divorce Jurisdiction Requirements and Residency Rules in Ohio
To file for divorce in Ohio, at least one spouse must meet the Ohio divorce jurisdiction requirements. One or both of the spouses must have lived in Ohio for at least six months prior to filing for divorce. Additionally, one or both of the spouses must have lived in the county where they file for divorce for at least 90 days prior to filing. Click here to read Ohio Rule of Civil Procedure 3(C)(9). Filing in the right county ensures that the legal proceedings are conducted properly and efficiently under Ohio divorce jurisdiction requirements.
What If I Haven’t Lived in Ohio for Six Months?
As indicated above, Ohio courts only have jurisdiction for divorce proceedings if one or both spouses has lived in the state for six months. However, this rule does not apply to filing a complaint for a legal separation. In Ohio, there is no six month residency requirement for a complaint for a legal separation. Click here to read O.R.C. § 3105.17 regarding Ohio legal separations. A party can file this complaint initially, and amend the complaint to request a divorce instead of a legal separation after they have lived in Ohio for the six month residency period. This process can allow the court to issue restraining orders, issue temporary orders of support, and establish temporary custody and parenting time under the Ohio divorce jurisdiction requirements.
Divorce Questions?
Jurisdiction is only one piece of the complex legal framework that a divorce takes place in. Navigating this process without an attorney can be taxing and confusing. If you have questions, contact an experienced and knowledgeable divorce lawyer in your area.
At Holzfaster, Cecil, McKnight & Mues, located in Dayton, Ohio, top-notch family law and divorce representation is provided by our experienced divorce lawyers! To learn more, go to our website at www.hcmmlaw.com or contact us at (937) 293-2141 to schedule an appointment for an initial consultation by phone, Zoom, or in person.
PUBLISHER’S NOTE:
I want to thank Caroline Hauer, a soon to be second-year student at the University of Dayton School of Law, for writing and contributing this article. Caroline is clerking with Holzfaster, Cecil, McKnight & Mues this summer. You will be reading more from her in the weeks to come!
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
