Legal Question in Family Law in Ohio

Re: Trading Places

It would be best to file the divorce in the "home state" of the children since that state will have jurisdiction over support and custody and visitation issues. In Ohio your wife will need six months residency in the state and 90 days in the County in which you file the divorce. If she has not lived here for 6 months then she can file for a legal separation to get it all started and after her 6 months is up you can convert it to a divorce (of course you will have to keep it pending during that time).

Re: Trading Places

Since each of you have lived in your respective states for over a year, jurisdiction over the divorce/separation is available in both Ohio and Illinois. The first to file will likely prevail in retaining jurisdiction in his or her own state.

Be aware that there are issues about child custody jurisdiction which could, depending upon the circumstances, affect the jurisdiction of the case. If the children have lived in one state or the other in excess of the last 6 months, that would be the state that would probably exercise jurisdiction in the case of a conflict.

Your should have an attorney representing in this sort of matter. I strongly recommend it. Often, party litigants don�t know how to go about preparing for and presenting their case. Do think seriously about hiring a lawyer.