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Glossary of Family Law Terms
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Divorce Law
§ 3105.01. Grounds for divorce.
The court of common pleas may grant divorces for the following causes:
(A) Either party had a husband or wife living at the time of the marriage
from which the divorce is sought;
(B) Willful absence of the adverse party for one year;
(C) Adultery;
(D) Extreme cruelty;
(E) Fraudulent contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional
institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by
virtue of which the party who procured it is released from the obligations
of the marriage, while those obligations remain binding upon the other
party;
(J) On the application of either party, when husband and wife have, without
interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.
A plea of res judicata or of recrimination with respect to any provision of
this section does not bar either party from obtaining a divorce on this
ground.
HISTORY: RS § 5689; S&C 509, 511; 51 v 377; GC § 8003-1; 124 v 178; Bureau
of Code Revision, 10-1-53; 135 v S 348 (Eff 5-7-74); 135 v H 233 (Eff
9-23-74); 139 v H 477 (Eff 7-12-82); 143 v H 129 (Eff 8-25-89); 143 v H 514
(Eff 1-1-91); 145 v H 571. Eff 10-6-94.
§ 3105.63. Separation agreement provisions.
(A) (1) A petition for dissolution of marriage shall be signed by both
spouses and shall have attached and incorporated a separation agreement
agreed to by both spouses. The separation agreement shall provide for a
division of all property; spousal support; if there are minor children of
the marriage, the allocation of parental rights and responsibilities for the
care of the minor children, the designation of a residential parent and
legal custodian of the minor children, child support, and parenting time
rights; and, if the spouses so desire, an authorization for the court to
modify the amount or terms of spousal support provided in the separation
agreement. If there are minor children of the marriage, the spouses may
address the allocation of the parental rights and responsibilities for the
care of the minor children by including in the separation agreement a plan
under which both parents will have shared rights and responsibilities for
the care of the minor children. The spouses shall file the plan with the
petition for dissolution of marriage and shall include in the plan the
provisions described in division (G) of section 3109.04 of the Revised Code.
(2) The division of property in the separation agreement shall include any
participant account, as defined in section 148.01 of the Revised Code, of
either of the spouses, to the extent of the following:
(a) The moneys that have been deferred by a continuing member or
participating employee, as defined in that section, and that have been
transmitted to the Ohio public employees deferred compensation board during
the marriage and any income that is derived from the investment of those
moneys during the marriage;
(b) The moneys that have been deferred by an officer or employee of a
municipal corporation and that have been transmitted to the governing board,
administrator, depository, or trustee of the deferred compensation program
of the municipal corporation during the marriage and any income that is
derived from the investment of those moneys during the marriage;
(c) The moneys that have been deferred by an officer or employee of a
government unit, as defined in section 148.06 of the Revised Code, and that
have been transmitted to the governing board, as defined in that section,
during the marriage and any income that is derived from the investment of
those moneys during the marriage.
(3) The separation agreement shall not require or permit the division or
disbursement of the moneys and income described in division (A)(2) of this
section to occur in a manner that is inconsistent with the law, rules, or
plan governing the deferred compensation program involved or prior to the
time that the spouse in whose name the participant account is maintained
commences receipt of the moneys and income credited to the account in
accordance with that law, rules, and plan.
(B) An amended separation agreement may be filed at any time prior to or
during the hearing on the petition for dissolution of marriage. Upon receipt
of a petition for dissolution of marriage, the court may cause an
investigation to be made pursuant to the Rules of Civil Procedure.
(C) If a petition for dissolution of marriage contains an authorization for
the court to modify the amount or terms of spousal support provided in the
separation agreement, the modification shall be in accordance with section
3105.18 of the Revised Code.
HISTORY: 135 v H 233 (Eff 9-23-74); 136 v H 370 (Eff 8-1-75); 141 v H 358 (Eff
5-2-86); 143 v H 514 (Eff 1-1-91); 143 v S 3 (Eff 4-11-91); 144 v S 300 (Eff
11-5-92); 148 v H 628 (Eff 9-21-2000); 148 v S 180. Eff 3-22-2001.
[§ 3105.01.1] § 3105.011. Determination of all domestic relations
matters.
The court of common pleas including divisions of courts of domestic
relations, has full equitable powers and jurisdiction appropriate to the
determination of all domestic relations matters. This section is not a
determination by the general assembly that such equitable powers and
jurisdiction do not exist with respect to any such matter.
HISTORY: 136 v H 370. Eff 8-1-75.
§ 3105.61. Court of Common Pleas.
The court of common pleas may grant a dissolution of marriage.
HISTORY: 135 v H 233. Eff 9-23-74.
§ 3105.03. Place where action shall be brought.
The plaintiff in actions for divorce and annulment shall have been a
resident of the state at least six months immediately before filing the
complaint. Actions for divorce and annulment shall be brought in the proper
county for commencement of action pursuant to the Rules of Civil Procedure.
The court of common pleas shall hear and determine the case, whether the
marriage took place, or the cause of divorce or annulment occurred, within
or without the state.
HISTORY: RS § 5690; S&C 513; 70 v 258, § 8; GC § 8003-3; 106 v 339; 124 v
178; Bureau of Code Revision, 10-1-53; 130 v H 467 (Eff 9-24-63); 135 v H
233 (Eff 9-23-74); 143 v H 514. Eff 1-1-91.
§ 3105.62. State resident; service of process.
One of the spouses in an action for dissolution of marriage shall have been
a resident of the state for at least six months immediately before filing
the petition. Actions for dissolution of marriage shall be brought in the
proper county for commencement of actions pursuant to the Rules of Civil
Procedure. An action for dissolution of marriage may be brought pursuant to
a motion for conversion of a divorce action into an action for dissolution
of marriage pursuant to section 3105.08 of the Revised Code. For purposes of
service of process, both parties in an action for dissolution of marriage
shall be considered as defendants and subject to service of process as
defendants pursuant to the Rules of Civil Procedure.
HISTORY: 135 v H 233 (Eff 9-23-74); 136 v H 1 (Eff 6-13-75); 143 v S 25. Eff
6-13-90.
...For further information, please refer to the Ohio Revised Code - Title 31
Commonly
Asked Questions About Divorce - information provided by the Ohio State
Bar Association
Divorce and
Dissolution: What's the Difference? - information provided by the Ohio
State Bar Association
Divorce
Decrees Enforced in Several Ways - pamphlet provided by the Ohio State
Bar Association
Divorce
Mediation
Marriage and
Living Together Law
FAQ's on Marriage in
Ohio
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Child Support
§ 3119.02. Calculation of obligor's child support obligation; monthly
figure; periodic payments.
In any action in which a court child support order is issued or modified, in
any other proceeding in which the court determines the amount of child
support that will be ordered to be paid pursuant to a child support order,
or when a child support enforcement agency determines the amount of child
support that will be paid pursuant to an administrative child support order,
the court or agency shall calculate the amount of the obligor's child
support obligation in accordance with the basic child support schedule, the
applicable worksheet, and the other provisions of sections 3119.02 to
3119.24 of the Revised Code. The court or agency shall specify the support
obligation as a monthly amount due and shall order the support obligation to
be paid in periodic increments as it determines to be in the best interest
of the children. In performing its duties under this section, the court or
agency is not required to accept any calculations in a worksheet prepared by
any party to the action or proceeding.
HISTORY: 148 v S 180. Eff 3-22-2001.
[§ 3119.02.1] § 3119.021. Basic child support schedule.
The following basic child support schedule shall be used by all courts and
child support enforcement agencies when calculating the amount of child
support to be paid pursuant to a child support order, unless the combined
gross income of the parents is less than sixty-six hundred dollars or more
than one hundred fifty thousand dollars:
HISTORY: 148 v S 180. Eff 3-22-2001.
...For further information, please refer to the Ohio Revised Code - Title 31
Ohio Child
Support Interactive Calculator - by AllLaw.com
Ohio Child Support
Guidelines
Child
Support: How is it Enforced? - information provided by the Ohio State
Bar Association
Ohio Office of Child Support
Office
of Child Support - Frequently Asked Questions
Child Support Explained
OHIO CHILD SUPPORT GUIDELINES
Short Cut to Calculating Ohio Child Support Guidelines
Association for Children for
Support Enforcement
Child Custody
and Visitation Law
§ 3105.21. Order for disposition, care and maintenance of
children. (ABBREVIATED)
(A) Upon satisfactory proof of the causes in the
complaint for divorce, annulment, or legal separation, the court of common
pleas shall make an order for the disposition, care, and maintenance of the
children of the marriage, as is in their best interests, and in accordance
with section 3109.04 of the Revised Code.
(B) Upon the failure of proof of the causes in the complaint, the court may
make the order for the disposition, care, and maintenance of any dependent
child of the marriage as is in the child's best interest, and in accordance
with section 3109.04 of the Revised Code.
HISTORY: 135 v H 233 (Eff 9-23-74); 140 v H 614 (Eff 4-10-85); 141 v H 509 (Eff
12-1-86); 142 v H 231 (Eff 10-5-87); 142 v H 708 (Eff 4-19-88); 143 v H 591
(Eff 4-12-90); 143 v H 514 (Eff 1-1-91); 144 v S 10 (Eff 7-15-92); 145 v H
173 (Eff 12-31-93); 147 v H 352 (Eff 1-1-98); 148 v S 180. Eff 3-22-2001.
§ 3109.04. Allocation of parental rights and responsibilities for care
of children; shared parenting. (ABBREVIATED)
(A) In any divorce, legal separation, or annulment proceeding and in any
proceeding pertaining to the allocation of parental rights and
responsibilities for the care of a child, upon hearing the testimony of
either or both parents and considering any mediation report filed pursuant
to section 3109.052 [3109.05.2] of the Revised Code and in accordance with
sections 3127.01 to 3127.53 of the Revised Code, the court shall allocate
the parental rights and responsibilities for the care of the minor children
of the marriage. Subject to division (D)(2) of this section, the court may
allocate the parental rights and responsibilities for the care of the
children in either of the following ways:
(1) If neither parent files a pleading or motion in accordance with division
(G) of this section, if at least one parent files a pleading or motion under
that division but no parent who filed a pleading or motion under that
division also files a plan for shared parenting, or if at least one parent
files both a pleading or motion and a shared parenting plan under that
division but no plan for shared parenting is in the best interest of the
children, the court, in a manner consistent with the best interest of the
children, shall allocate the parental rights and responsibilities for the
care of the children primarily to one of the parents, designate that parent
as the residential parent and the legal custodian of the child, and divide
between the parents the other rights and responsibilities for the care of
the children, including, but not limited to, the responsibility to provide
support for the children and the right of the parent who is not the
residential parent to have continuing contact with the children.
(2) If at least one parent files a pleading or motion in accordance with
division (G) of this section and a plan for shared parenting pursuant to
that division and if a plan for shared parenting is in the best interest of
the children and is approved by the court in accordance with division (D)(1)
of this section, the court may allocate the parental rights and
responsibilities for the care of the children to both parents and issue a
shared parenting order requiring the parents to share all or some of the
aspects of the physical and legal care of the children in accordance with
the approved plan for shared parenting. If the court issues a shared
parenting order under this division and it is necessary for the purpose of
receiving public assistance, the court shall designate which one of the
parents' residences is to serve as the child's home. The child support
obligations of the parents under a shared parenting order issued under this
division shall be determined in accordance with Chapters 3119., 3121.,
3123., and 3125. of the Revised Code.
(B) (1) When making the allocation of the parental rights and
responsibilities for the care of the children under this section in an
original proceeding or in any proceeding for modification of a prior order
of the court making the allocation, the court shall take into account that
which would be in the best interest of the children. In determining the
child's best interest for purposes of making its allocation of the parental
rights and responsibilities for the care of the child and for purposes of
resolving any issues related to the making of that allocation, the court, in
its discretion, may and, upon the request of either party, shall interview
in chambers any or all of the involved children regarding their wishes and
concerns with respect to the allocation.
HISTORY: RS § 3140-1; 90 v 186; GC § 8005-4; 100 v 97; 121 v 557; 124 v
178(195); Bureau of Code Revision, 10-1-53; 131 v 688 (Eff 11-11-65); 135 v
H 233 (Eff 9-23-74); 135 v H 740 (Eff 9-30-74); 136 v H 1 (Eff 6-13-75); 136
v H 370 (Eff 8-1-75); 137 v S 135 (Eff 10-25-77); 139 v H 71 (Eff 8-27-81);
139 v S 39 (Eff 3-15-82); 140 v H 93 (Eff 3-19-84); 143 v H 591 (Eff
4-12-90); 143 v H 514 (Eff 1-1-91); 143 v S 3 (Eff 4-11-91); 145 v S 115 (Eff
10-12-93); 145 v H 415 (Eff 11-9-94); 148 v S 180. Eff 3-22-2001; 150 v S
185, § 1, eff. 4-11-05.
...For further information, please refer to the Ohio Revised Code - Title 31
FAQ on Child
Custody and Visitation
Child Custody
Resources
Children's
Wishes are Considered in Custody Matters - pamphlet provided by the Ohio
State Bar Association
What Rights
Do Grandparents Have After Divorce? - pamphlet provided by the Ohio
State Bar Association
At the
Crossroads of Grandparent Visitation - pamphlet provided by the Ohio
State Bar Association
Property
Division
[§ 3105.17.1] § 3105.171. Equitable division of marital
and separate property; distributive award.
(A) As used in this section:
(1) "Distributive award" means any payment or payments, in real or personal
property, that are payable in a lump sum or over time, in fixed amounts,
that are made from separate property or income, and that are not made from
marital property and do not constitute payments of spousal support, as
defined in section 3105.18 of the Revised Code.
(2) "During the marriage" means whichever of the following is applicable:
(a) Except as provided in division (A)(2)(b) of this section, the period of
time from the date of the marriage through the date of the final hearing in
an action for divorce or in an action for legal separation;
(b) If the court determines that the use of either or both of the dates
specified in division (A)(2)(a) of this section would be inequitable, the
court may select dates that it considers equitable in determining marital
property. If the court selects dates that it considers equitable in
determining marital property, "during the marriage" means the period of time
between those dates selected and specified by the court.
(3) (a) "Marital property" means, subject to division (A)(3)(b) of this
section, all of the following:
(i) All real and personal property that currently is owned by either or both
of the spouses, including, but not limited to, the retirement benefits of
the spouses, and that was acquired by either or both of the spouses during
the marriage;
(ii) All interest that either or both of the spouses currently has in any
real or personal property, including, but not limited to, the retirement
benefits of the spouses, and that was acquired by either or both of the
spouses during the marriage;
(iii) Except as otherwise provided in this section, all income and
appreciation on separate property, due to the labor, monetary, or in-kind
contribution of either or both of the spouses that occurred during the
marriage;
(iv) A participant account, as defined in section 148.01 of the Revised
Code, of either of the spouses, to the extent of the following: the moneys
that have been deferred by a continuing member or participating employee, as
defined in that section, and that have been transmitted to the Ohio public
employees deferred compensation board during the marriage and any income
that is derived from the investment of those moneys during the marriage; the
moneys that have been deferred by an officer or employee of a municipal
corporation and that have been transmitted to the governing board,
administrator, depository, or trustee of the deferred compensation program
of the municipal corporation during the marriage and any income that is
derived from the investment of those moneys during the marriage; or the
moneys that have been deferred by an officer or employee of a government
unit, as defined in section 148.06 of the Revised Code, and that have been
transmitted to the governing board, as defined in that section, during the
marriage and any income that is derived from the investment of those moneys
during the marriage.
(b) "Marital property" does not include any separate property.
(4) "Passive income" means income acquired other than as a result of the
labor, monetary, or in-kind contribution of either spouse.
(5) "Personal property" includes both tangible and intangible personal
property.
(6) (a) "Separate property" means all real and personal property and any
interest in real or personal property that is found by the court to be any
of the following:
(i) An inheritance by one spouse by bequest, devise, or descent during the
course of the marriage;
(ii) Any real or personal property or interest in real or personal property
that was acquired by one spouse prior to the date of the marriage;
(iii) Passive income and appreciation acquired from separate property by one
spouse during the marriage;
(iv) Any real or personal property or interest in real or personal property
acquired by one spouse after a decree of legal separation issued under
section 3105.17 of the Revised Code;
(v) Any real or personal property or interest in real or personal property
that is excluded by a valid antenuptial agreement;
(vi) Compensation to a spouse for the spouse's personal injury, except for
loss of marital earnings and compensation for expenses paid from marital
assets;
(vii) Any gift of any real or personal property or of an interest in real or
personal property that is made after the date of the marriage and that is
proven by clear and convincing evidence to have been given to only one
spouse.
(b) The commingling of separate property with other property of any type
does not destroy the identity of the separate property as separate property,
except when the separate property is not traceable.
(B) In divorce proceedings, the court shall, and in legal separation
proceedings upon the request of either spouse, the court may, determine what
constitutes marital property and what constitutes separate property. In
either case, upon making such a determination, the court shall divide the
marital and separate property equitably between the spouses, in accordance
with this section. For purposes of this section, the court has jurisdiction
over all property in which one or both spouses have an interest.
(C) (1) Except as provided in this division or division (E) of this section,
the division of marital property shall be equal. If an equal division of
marital property would be inequitable, the court shall not divide the
marital property equally but instead shall divide it between the spouses in
the manner the court determines equitable. In making a division of marital
property, the court shall consider all relevant factors, including those set
forth in division (F) of this section.
(2) Each spouse shall be considered to have contributed equally to the
production and acquisition of marital property.
(3) The court shall provide for an equitable division of marital property
under this section prior to making any award of spousal support to either
spouse under section 3105.18 of the Revised Code and without regard to any
spousal support so awarded.
(4) If the marital property includes a participant account, as defined in
section 148.01 of the Revised Code, the court shall not order the division
or disbursement of the moneys and income described in division (A)(3)(a)(iv)
of this section to occur in a manner that is inconsistent with the law,
rules, or plan governing the deferred compensation program involved or prior
to the time that the spouse in whose name the participant account is
maintained commences receipt of the moneys and income credited to the
account in accordance with that law, rules, and plan.
(D) Except as otherwise provided in division (E) of this section or by
another provision of this section, the court shall disburse a spouse's
separate property to that spouse. If a court does not disburse a spouse's
separate property to that spouse, the court shall make written findings of
fact that explain the factors that it considered in making its determination
that the spouse's separate property should not be disbursed to that spouse.
(E) (1) The court may make a distributive award to facilitate, effectuate,
or supplement a division of marital property. The court may require any
distributive award to be secured by a lien on the payor's specific marital
property or separate property.
(2) The court may make a distributive award in lieu of a division of marital
property in order to achieve equity between the spouses, if the court
determines that a division of the marital property in kind or in money would
be impractical or burdensome.
(3) If a spouse has engaged in financial misconduct, including, but not
limited to, the dissipation, destruction, concealment, or fraudulent
disposition of assets, the court may compensate the offended spouse with a
distributive award or with a greater award of marital property.
(F) In making a division of marital property and in determining whether to
make and the amount of any distributive award under this section, the court
shall consider all of the following factors:
(1) The duration of the marriage;
(2) The assets and liabilities of the spouses;
(3) The desirability of awarding the family home, or the right to reside in
the family home for reasonable periods of time, to the spouse with custody
of the children of the marriage;
(4) The liquidity of the property to be distributed;
(5) The economic desirability of retaining intact an asset or an interest in
an asset;
(6) The tax consequences of the property division upon the respective awards
to be made to each spouse;
(7) The costs of sale, if it is necessary that an asset be sold to
effectuate an equitable distribution of property;
(8) Any division or disbursement of property made in a separation agreement
that was voluntarily entered into by the spouses;
(9) Any other factor that the court expressly finds to be relevant and
equitable.
(G) In any order for the division or disbursement of property or a
distributive award made pursuant to this section, the court shall make
written findings of fact that support the determination that the marital
property has been equitably divided and shall specify the dates it used in
determining the meaning of "during the marriage."
(H) Except as otherwise provided in this section, the holding of title to
property by one spouse individually or by both spouses in a form of
co-ownership does not determine whether the property is marital property or
separate property.
(I) A division or disbursement of property or a distributive award made
under this section is not subject to future modification by the court.
(J) The court may issue any orders under this section that it determines
equitable, including, but not limited to, either of the following types of
orders:
(1) An order granting a spouse the right to use the marital dwelling or any
other marital property or separate property for any reasonable period of
time;
(2) An order requiring the sale or encumbrancing of any real or personal
property, with the proceeds from the sale and the funds from any loan
secured by the encumbrance to be applied as determined by the court.
HISTORY: 143 v H 514 (Eff 1-1-91); 144 v S 300 (Eff 11-5-92); 148 v H 628.
Eff 9-21-2000.
...For further information, please refer to the Ohio Revised Code - Title 31
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