PUBLISHER’S NOTE: Here is one of my favorites posts about dissolution of marriage and residency requirements in Ohio, from June 4th, 2011! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!
Are There Residency Requirements To File A Dissolution Of Marriage In The State Of Ohio?
In order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties. By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce.
By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage. By statute, Ohio … Read More... “Blast From The Past: Why Selecting One Court Over Another Could Be Important In Your Dissolution”
In the usual divorce or dissolution proceeding, the disposition of the marital residence is often one of the most important decisions in the case and one of the most emotional issues with the exception of “custody” of the minor child or children. One or both parties may have very strong emotional ties to the home and may overlook important financial considerations in their quest to “keep” the family home.
The Ohio Revised Code §3105.03 states that “[t]he plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint.” That being said, many people are often confused as to what is meant by the term “resident.” When it comes to divorce, Ohio defines being a “resident” as being domiciled in Ohio. For one to be domiciled in a state, the person must have a home in the state, and he must have the intent on making Ohio his permanent home. He must have the intention of living and staying in the state of Ohio. When a person enters the military and is enlisted to service, his domicile remains where it was before his Military service unless he chooses to move to a new domicile where he intends to remain. Therefore, the real focus is a person’s intent to remain in a state.
In order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties. By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce. By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage. By statute, Ohio Revised Code (“ORC”) Section 3105.62 reflects the following language: