Hamilton, OH asked in Divorce for Ohio

Q: Ohio Divorce and 90 day county residency requirement while living in county without traditional housing.

I separated from wife in late Aug 2018 and left allen county ohio where her house was. At the time, we were talking separation, not divorce, and the idea was I was 'scouting for our new place' and so went camping in various locations.

However, we had always talked of moving to Zanesville, in Muskingum County, and in mid Sept I began camping in Muskingum County. I am a php programmer, and I worked from Muskingum County.

In early Oct. I text my wife, told her I was moving to Zanesville, hoped she would follow.

My mail was on hold, had not changed any addresses until Nov. 12, when I leased an apartment in Zanesville, and officially changed address on license, bank, etc.

Here is the one big issue: to save money for an apartment, I went to a free campground in Morgan County beginning 10/5 and a few days later, my truck broke down. (I was stranded there, very much against my will!) until 10/30. I had only gone there to save up cash, not reside.

Can I file in Muskingum County?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: If spouse has been living in the same place in Ohio for 90 days, and you have been living in Ohio for 6 months, then you can file in her county of residence. Or wait until you have been in the same county for 90 days continuously prior to the date you file.

See this form:

https://www.sconet.state.oh.us/JCS/CFC/DRForms/Form6.pdf

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