Family Law Flashcards

Under Ohio law, what is the minimum residency requirement for a plaintiff filing for divorce in Ohio?

Answer: Six months in the state

Ohio Rev. Code 3105.03 requires the plaintiff to have been an Ohio resident for at least six months before filing for divorce.

In Ohio, a dissolution of marriage differs from a divorce primarily because a dissolution requires what?

Answer: A mutual agreement on all issues before filing

A dissolution requires the spouses to file jointly with a complete separation agreement resolving all issues, so no fault grounds or contested litigation is involved.

Which of the following is a fault ground for divorce in Ohio?

Answer: Habitual drunkenness

Habitual drunkenness is one of Ohio's statutory fault grounds, while irretrievable breakdown is not an Ohio ground and the other options are not statutory grounds at all.

Under Ohio's equitable division statute, marital property is presumptively divided how?

Answer: Equally, unless an equal division would be inequitable

Ohio Rev. Code 3105.171 starts with a presumption of equal division of marital property, departing to an equitable division only when equal would be inequitable.

A spouse owned a house before marriage that appreciated during the marriage solely due to market forces. Under Ohio law, the appreciation is classified as what?

Answer: Separate property, because passive appreciation remains separate

Passive appreciation of separate property remains separate under Ohio Rev. Code 3105.171, while appreciation from either spouse's labor or contributions becomes marital.

In Ohio, which factor may a court NOT consider when awarding spousal support?

Answer: Marital misconduct such as adultery

Ohio Rev. Code 3105.18 lists factors like duration, earning ability, and tax consequences, but fault or marital misconduct is not a listed factor for spousal support.

An Ohio court may modify a spousal support award after the decree only if what condition is met?

Answer: The decree expressly reserved jurisdiction to modify the award

Under Ohio Rev. Code 3105.18(E), a court lacks jurisdiction to modify spousal support unless the decree specifically reserved that authority, plus a change in circumstances.