Barth v. Barth

{¶ 1} The Eighth District Court of Appeals has certified this case pursuant to Section 3(B)(4), Article IV of the Ohio Constitution and App.R. 25. The Eighth District Court of Appeals found its judgment to be in conflict with the judgments of the Second District Court of Appeals in McMaken v. McMaken (1994), 96 Ohio App.3d 402, 645 N.E.2d 113, and the Sixth District Court of Appeals in Heath v. Heath (Mar. 7, 1997), Lucas App. No. L-96-288, 1997 WL 103832.

{¶ 2} The certified issue is “[wjhether the six-month residency requirement for jurisdiction set forth in R.C. 3105.03 is a strict test or…