The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint. Actions for divorce and annulment shall be brought in the proper county for commencement of action pursuant to the Rules of Civil Procedure. The court of common pleas shall hear and determine the case, whether the marriage took place, or the cause of divorce or annulment occurred, within or without the state.
Actions for legal separation shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure.
Notes of Decisions
Cited in 47
cases (10 in the last 5 years), 1958–2026 · leading case: Mullinix v. Mullinix, 2023-Ohio-1053, 214 N.E.3d 601.
Mullinix v. Mullinix, 2023-Ohio-1053, 214 N.E.3d 601. · cites it 9דANALYSIS {¶ 11} Pamela raises numerous issues under her assignment of error, but the crux of her argument is that pursuant to R.C. 3105.03, the trial court lacked subject-matter jurisdiction because Logan was not an Ohio resident for six months immediately preceding the filing…”
Barth v. Barth, 113 Ohio St. 3d 27 (Ohio 2007). · cites it 9ד3105.03 creates a strict test of residency and that to file a complaint for divorce in Ohio, a plaintiff must have been a resident of Ohio for six months immediately prior to the filing of the complaint.”
Falah v. Falah, 2017-Ohio-1087, 87 N.E.3d 763. · cites it 5ד{¶9} “R.C. 3105.03 creates a strict test of residency * * *.”
Weber v. Devanney, 2018-Ohio-4012. · cites it 5דSee R.C. 3105.03; Civ.R. 3(C)(9) (stating that, “[i]n actions for divorce, annulment, or legal separation, [proper venue lies] in the county in which the plaintiff is and has been a resident for at least ninety days immediately preceding the filing of the complaint”) (Emphasis…”
Hager v. Hager, 607 N.E.2d 63 (Ohio Ct. App. 1992). · cites it 5ד” R.C. 3105.03 provides, inter alia: “The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint.”
McMaken v. McMaken, 645 N.E.2d 113 (Ohio Ct. App. 1994). · cites it 6דHe subsequently filed a motion in the trial court to stay execution of its order, arguing that the trial court lacked jurisdiction to enter a judgment and decree because Theresa had failed to satisfy the residency requirements of R.C. 3105.03. He also filed a Civ.R. 60(B) motion…”
Griffin v. Griffin, 2019-Ohio-5260. · cites it 5דJames argued that Audrey’s allegation that she met Ohio’s six-month minimum residency requirement, set forth in R.C. 3105.03, was factually deficient. James then initiated divorce proceedings in Florida and obtained a contrary order of custody after averring that, among other…”
Kaydo v. Kaydo, 2022-Ohio-4055. · cites it 4ד2022-L-021 pursuant to R.C. 3105.03. Rather, he asserted that Ms.”
Gieg v. Gieg, 474 N.E.2d 626 (Ohio Ct. App. 1984). · cites it 6דR.C. 3105.03 creates a six-month residency requirement for a plaintiff who seeks to obtain a divorce or annulment.”
Jackman v. Jackman, 160 N.E.2d 387 (Ohio Ct. App. 1959). · cites it 10ד” We are informed that the court overruled the motion for leave to amend and to file an amended petition, and dismissed the action because of his conclusion that the allegations of the petition as to plaintiff’s residence were an insufficient compliance with Section 3105.03,…”
Prouse, Dash & Crouch, L.L.P. v. DiMarco, 116 Ohio St. 3d 167 (Ohio 2007). · cites it 2דIt seems obvious to us that the General Assembly intentionally did not define the term “resident” because of the many different uses to which the term is put.”
Franklin v. Franklin, 449 N.E.2d 457 (Ohio Ct. App. 1981). · cites it 2דResidence within the state for the purposes of R.C. 3105.03 must be actual. In other words, the word “resident” is used in the popular sense and means one who has his place of abode within the state.”
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