Ohio Revised Code

Ohio Rev. Code § 3105.04 (2026)

Residence of spouse

✓ current as of May 2026
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When a person files a petition for divorce or legal separation, the residence of the spouse does not preclude the use of sections 3105.01 to 3105.21 of the Revised Code.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1954–2021 · leading case: Badovick v. Badovick, 713 N.E.2d 1066 (Ohio Ct. App. 1998).
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Badovick v. Badovick, 713 N.E.2d 1066 (Ohio Ct. App. 1998). “Husband argues under R.C. 3105.04(F)(1)(e) that wife lacked the physical and mental stability necessary to be primary caregiver, citing wife’s blood disease known as idiopathic thrombocytopenic purpura (“ITP” — a blood platelet disorder with effects similar to hemophilia) and…”
Hill v. French, 2021 Ohio 24 (Ohio Ct. App. 2021). “In any event, R.C. 3105.04 plainly requires the court’s analysis to focus upon the best interests of the children.”
Perrin v. Perrin, 2021 Ohio 2581 (Ohio Ct. App. 2021). “The motion in limine argued that because this was a post-decree proceeding, pursuant to R.C. 3105.04(E)(1)(a), any evidence that arose or occurred prior to the journalization of the existing parenting order on May 25, 2016, is immaterial and should be excluded.”
Ellars v. Ellars, 591 N.E.2d 783 (Ohio Ct. App. 1990). “Given the relevant provisions of O.R.C. 3105.04, the best interest of Amy M.”
Armstrong v. Armstrong, 130 N.E.2d 710 (Ohio Ct. App. 1954). · cites it 2× “By statutes and court decisions, the relation has been so altered as to give the wife almost as *15 much freedom of action as that of the husband. In Ohio and in most other states, for the purpose of jurisdiction to entertain her action for divorce and alimony, her right is not…”
— Ohio Rev. Code § 3105.04(E)(1)(a) — 1 case
Perrin v. Perrin, 2021 Ohio 2581 (Ohio Ct. App. 2021). “The motion in limine argued that because this was a post-decree proceeding, pursuant to R.C. 3105.04(E)(1)(a), any evidence that arose or occurred prior to the journalization of the existing parenting order on May 25, 2016, is immaterial and should be excluded.”
— Ohio Rev. Code § 3105.04(F)(1)(e) — 1 case
Badovick v. Badovick, 713 N.E.2d 1066 (Ohio Ct. App. 1998). “Husband argues under R.C. 3105.04(F)(1)(e) that wife lacked the physical and mental stability necessary to be primary caregiver, citing wife’s blood disease known as idiopathic thrombocytopenic purpura (“ITP” — a blood platelet disorder with effects similar to hemophilia) and…”
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