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Ohio recognized both fault- and no-fault grounds for divorce. Incompatibility, which means you and your spouse no longer get along, is the no-fault basis for divorce in Ohio. In many cases, citing incompatibility is reason enough for the court to grant a divorce.
To obtain a dissolution or divorce, you must live in Ohio for at least six months before filing. The law does not require persons seeking a legal separation to live in Ohio for any particular length of time before filing. The terms visitation and companionship describe the rights of non-parents, such as grandparents.
The basic rule, according to Ohio law, is that all assets accumulated during the marriage, by either spouses efforts, are considered to be marital, and are to be divided equitably between the parties. The exception to this law is if the parties signed a pre-marital agreement.
The State of Ohio will recognize a common law marriage when all of the elements of such a marriage are present. First, there must be a contract to marry per verba de praesenti; that is, the parties must have a present intent to be married and not an intent to marry in the future.
In addition, any loans that either of you took out in your individual name during your marriage usually belong to that spouse alone. Likewise with credit card debt where the credit card belongs to only one of you. All other debts belong to you jointly and must be divided between you fairly and equitably.
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Unlike some states, Ohio is not a community property state, meaning your marital property falls under equitable distribution.
Under equitable distribution, the court will consider a number of factors when dividing marital property: If you were married for at least 10 years. Both partys assets and liabilities. Both partys incomes and taxes.
In Ohio, marital property can be divided equally if both parties contributed an equal amount of property or assets. Youre entitled to half of everything in your divorce, but its up to you and your spouse to work together on listing out what you want to divide.
Ohio is an equitable distribution state, which means that if a court is involved in your property division and divorce case, it will attempt to divide your marital assets in a fair, equitable manner. Unlike community property states, there is not a guarantee that either party will receive 50% of the marital assets.
The court presumes that the spouses contribute equally to all the marital property they acquire during the marriage. At divorce, the court divides the marital property equally between the spouses unless an unbalanced result is more equitable. The court can include either spouses separate property, too.

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