What is the difference between a divorce and a dissolution of marriage? Divorce and annulment?
Dissolution in Ohio is simply an uncontested, non-adversarial divorce. With divorce versus annulment, in a divorce the marriage is coming to an end. In an annulment, the marriage is treated as if it never existed.
What is the difference between a divorce and a separation?
A divorce ends the marriage. A legal separation takes many legally-enforceable steps you would take with a divorce—division of property, determination of child support, custody of children, division of debts, etc.–without ending the marriage.
What is required to file for divorce in Ohio?
To file for a divorce in Ohio, you need to reside in the state for at least 6 months prior to filing. You must have lived in the county where you are filing for 90 days. If you file for dissolution, at least one spouse has to have lived in Ohio for at least 6 months. If you live in Ohio and your spouse lives in another state, you can still file for divorce in Ohio.
Can same-sex couples get divorced in Ohio?
Yes. Since the United States Supreme Court’s decision in Obergefell v. Hodges, marriage and divorce rights are granted to same-sex couples.
How are a divorcing couples’ assets and debts split in a divorce?
Ohio splits marital property according to rules of equitable distribution. “Equitable” might be construed as “fair,” versus an equal division or distribution. If one spouse has gambled away significant assets, then the court might distribute more assets to the victim spouse, instead of dividing what assets remain in an equal manner.
What is the difference between “marital property” versus “separate” property?
Marital property includes assets acquired during the marriage. Assets that are not marital property are considered non-marital property, or separate property. However, some assets acquired during marriage can be considered “separate property” such as gifts and inheritances, property identified as separate property in a prenuptial or post-nuptial agreement, income derived by separate assets, among others.
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