Foreigner Divorce Laws in Ohio
- Foreigners must live in Ohio for 6 months to obtain a divorce.ring image by Jens Klingebiel from Fotolia.com
A foreigner is any individual who is not a resident alien or a citizen of the United States. To obtain a divorce in Ohio as a foreigner, the foreigner must live in the state for 6 consecutive months before petitioning the court for a divorce. If an individual petitions the court before he has lived in Ohio for 6 months, the case will be dismissed and the marriage will continue to be valid. Please note that foreign countries may not recognize a U.S. divorce. - The marriage ceremony or cause for divorce did not have to happen in Ohio for the court to hear the case; the only requirement is residency. However, if the respondent, the party being sued for divorce, has not lived in Ohio for 6 months prior, the Ohio courts may still be able to hear the case. The time requirement of 6 months falls exclusively on the party filing for divorce.
- In Ohio, couples can obtain no-fault divorces or divorces based on fault. A no-fault divorce is a divorce where a dissolution in the marriage occurred, where the parties have lived separately for at least 1 year without reconciliation. Alternatively, a no-fault divorce may be granted in Ohio where both parties agree they are incompatible. Conversely, fault divorces are divorces where one party is at fault for the breakdown of the marriage. Fault divorce causes include habitual drunkenness, extreme cruelty, imprisonment of one party, bigamy and adultery.
- Ohio is an equitable distribution state, meaning the court divides the property by what is fair rather than equally or 50/50. When determining what is fair and appropriate, the court considers the length of the marriage, the liabilities of each party, the wishes of the parties, the tax consequences of distribution, the costs associated with selling property and any other factors the court deems relevant.
- At divorce, the Ohio court will award one parent custody and create a support order for the noncustodial parent to pay. When determining which parent should have custody, the court reviews the best interests of the child, which is based on the wishes of the parents, the wishes of the child, the financial and emotional resources of the parents, the mental and physical health of the parents and children, the children's relationship with their community and any past offenses of abuse in either parent's history.
Residency Requirements
Grounds
Property Distribution
Child Custody and Support
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