OH Bar Family Law 2

Question 1

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

Accepted Answer

Six months in the state

Answer

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?

Accepted Answer

A mutual agreement on all issues before filing

Answer

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?

Accepted Answer

Habitual drunkenness

Answer

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?

Accepted Answer

Equally, unless an equal division would be inequitable

Answer

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?

Accepted Answer

Separate property, because passive appreciation remains separate

Answer

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

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Family Law 2