Ohio Family Law

Ohio laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Ohio Revised Code - Domestic Relations
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. Fault based and no-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors
4. Legal separation?
a. Waiting period/Separation period 1 year
5. Is mediation required
6. Forms used Ohio Family Law Forms
7. Alimony guidelines and factors Spousal Support
Alimony formula
a. Types
b. Term Limits
Cohabitation Decree may be modified (OH ST § 3105.18)
c. Imputing income RC 3105.18(C)(1) -not required but may be done
d. Change in circumstances
e. Ceases on retirement
Impute income on early retirement
Early retirement for health reasons is involuntary "Roach v. Roach, 61 Ohio App. 3d 315, 572 N.E.2d 772 (1989) (retirement at age 59,motivated in part by medical problems, was not voluntary and thus income would not be imputed);"
f. Definition of income Definition of income
8. Child support factors and guidelines Ohio Revised Code - Domestic Relations - See Chapters 3117 to 3127
9. Child support calculator Ohio Child Support Calculator
10. Lump Sum  Support allowed? Revised Code Section 3105.18
11. Valuation
a. Valuation date Complaint
b. Goodwill divisibility In Kahn v. Kahn, 42 Ohio App.3d 61 (1987), the court ruled that goodwill is a divisible marital asset, whether personal or practice. In Banchefsky v. Banchefsky, 10th Dist. No. 09AP-1011, 2010-Ohio-4267 (2009), the appeals court limited professional goodwill to value of the noncompete agreement finding that “under state law, a covenant-not-to-compete constituted professional goodwill and was a non-marital asset.”
c. Standard of value Fair market value / Intrinsic Value
d. Discounts Yes - Caldas
e. Shareholder/partner agreements
 12. Double dip  "Impermissable double dip - Heller v Heller -  No. 07AP
-871,Court of Appeals of Ohio, Tenth Appellate District
Franklin County, 2008 Ohio 3296, Ohio App 06/30/08"
 a. Stock options  Yost v. Unanue, 109 Ohio App. 3d 294, 671 N.E.2d 1372 (1996) (exercise of stock options was not income because it was a one-time event).
 b. Retirement accounts  Permissable
 c. Child support Double dip impermissable when dealing with child support - Rossi v Rossi, 8th Dist. No. 100133, 2014-Ohio-1832
 13. Key cases  
 14. Premarital agreements  "Husband and wife may agree to provisions for support of either of
them OH ST § 3103.06"
 15. Common law  


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