Do you have to get a divorce in the state or county you were married in?

NO – NO – NO, a thousand times NO!  This is by far the most common legal myth we encounter.  Your friends and family will tell you with authority that they are CERTAIN that you have to get a divorce in the state you were married in.  This is not true in the United States, and certainly not in Ohio. 

In order for a U.S. court to have jurisdiction, you must get divorced in a state that has personal jurisdiction over at least one of the parties to the marriage.  Generally, this means that you must get divorced in the state where at least one of the parties lives.  While this jurisdiction will be enough to grant the divorce, in Ohio, if the Defendant is only served by publication (because his or her whereabouts are unknown), then the court does not have jurisdiction to make orders regarding the assets and liabilities of the parties, only to grant the divorce.

In addition, in order for a court to have jurisdiction over the custody of a child, a court must have jurisdiction pursuant to federal law (Parental Kidnapping Prevention Act or PKPA) and state law, which often follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

To better understand which state has jurisdiction in your Ohio case, please call our office or the attorney of your choice to schedule a consultation. 

The information provided in this web site is applicable in the state of
Ohio and is provided as a public service. While Adam Barney and Virginia Cornwell are Ohio Adoption Attorneys, Columbus Ohio Divorce Lawyers, Ohio Bankruptcy Attorneys, Ohio Custody Attorneys, Ohio Grandparents Rights Attorneys, and International Family Law Attorneys in the State of Ohio, viewing the information in this web site does not constitute an attorney-client communication, and acting upon information obtained from this web site does not create an attorney-client relationship. If you would like to discuss the application of the law to your fact situation, or if you would like additional information, please call the Law Offices of Virginia C. Cornwell at 614-225-9316 to schedule a consultation

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