OH Bar Family Law 2 — Questions and Answers
Question 1: Under Ohio law, what is the minimum residency requirement for a plaintiff filing for divorce in Ohio?
- Six months in the state (Correct answer)
- One year in the state
- Ninety days in the county
- No residency requirement applies
Correct 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.
Question 2: In Ohio, a dissolution of marriage differs from a divorce primarily because a dissolution requires what?
- A mutual agreement on all issues before filing (Correct answer)
- Proof of fault grounds by both spouses
- A two-year separation period
- Court-ordered mediation before the hearing
Correct 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.
Question 3: Which of the following is a fault ground for divorce in Ohio?
- Habitual drunkenness (Correct answer)
- Irretrievable breakdown of the marriage
- Loss of affection
- Financial mismanagement
Correct 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.
Question 4: Under Ohio's equitable division statute, marital property is presumptively divided how?
- Equally, unless an equal division would be inequitable (Correct answer)
- Strictly in proportion to each spouse's earnings
- Entirely at the trial court's unguided discretion
- According to whichever spouse holds legal title
Correct 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.
Question 5: 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?
- Separate property, because passive appreciation remains separate (Correct answer)
- Marital property, because it accrued during the marriage
- Quasi-marital property subject to a 50/50 split
- Commingled property requiring tracing
Correct 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.
Question 6: In Ohio, which factor may a court NOT consider when awarding spousal support?
- Marital misconduct such as adultery (Correct answer)
- The duration of the marriage
- The relative earning abilities of the parties
- The tax consequences of an award
Correct 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.
Question 7: An Ohio court may modify a spousal support award after the decree only if what condition is met?
- The decree expressly reserved jurisdiction to modify the award (Correct answer)
- Either party files within one year of the decree
- The obligor's income drops by any amount
- The recipient begins cohabiting, regardless of the decree's terms
Correct 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.
OH Bar Family Law 2
Under Ohio law, what is the minimum residency requirement for a plaintiff filing for divorce in Ohio?