How to File for Divorce in Ohio

Divorce can be an emotional and challenging process, especially if you’re not on good terms with your spouse. Understanding the basics of Ohio law can help ease your stress. Learn more about how to file for divorce in Ohio so you’re prepared for what comes next.

Ohio divorce laws

The Ohio courts have residency requirements for divorce to make sure they have jurisdiction. You’ll also need grounds for the divorce that align with Ohio divorce laws.

Residency requirements

To file for divorce, one of the spouses must have lived in the state for at least six months. One spouse must also have resided in the county where the divorce is filed for at least 90 days. If you don’t meet the 90-day rule because you’ve both moved recently, you might be able to file in a county of your choosing—check with that county’s court clerk.

Fault vs. no-fault divorce

The reasons for a divorce are known as “grounds.” A no-fault divorce in Ohio is usually based on the grounds of “incompatibility,” which means that the spouses are no longer able to get along. Living apart for a year is also grounds for a no-fault divorce because it shows a clear separation.

 A fault divorce involves proving that one spouse’s actions caused the breakdown of the marriage. Grounds for fault divorce in Ohio include: 

• Adultery—if one spouse cheated on the other
• Extreme cruelty
• Habitual drunkenness
• Abandonment—if one spouse left the other for at least one year
• Fraudulent contract, which means one spouse was tricked into getting married
• Imprisonment of the non-filing spouse
• Willful neglect of the party’s marital responsibilities (respect, fidelity, and support)

What’s the difference between divorce and dissolution in Ohio?

Divorce and dissolution are different legal processes in Ohio. In Ohio, divorce refers to the process when it’s contested, that is, when it involves a dispute between the parties. A contested divorce involves filing a complaint and letting the courts decide on property division, who will pay child support, and alimony.

Dissolution of marriage in Ohio refers to an uncontested divorce, when the spouses settle all matters before filing jointly. The spouses file a separation agreement along with their Petition for Dissolution that outlines their plan to handle the major issues. It must include distribution of marital property, spousal support, child custody, and child support payments.

How to get a divorce in Ohio in 8 steps

The steps for getting a divorce in Ohio can vary based on the type of divorce, but these are the basics.

1. Hire a divorce attorney

Although you can file for divorce on your own, having professional guidance can make the process smoother and less stressful. If it will be contested, an Ohio divorce attorney can provide valuable advice and advocate for your interests. Even if you’re filing for an uncontested divorce, an attorney can help draft the separation agreement.

2. Prepare the divorce papers

The first step in filing for divorce in Ohio is to prepare the paperwork. The main form the filing spouse needs is the Complaint for Divorce or Petition for Dissolution of Marriage. You’ll also need a summons, which informs your spouse of the filing, or a Waiver of Service of Summons for a dissolution. Depending on your situation, you might also need forms like child custody forms or financial disclosure affidavits.

3. File the petition

Once your divorce papers are ready, you must file them with the Court of Common Pleas in the county where either spouse resides. Filing fees apply and vary by county. This step places your case on the court’s docket, officially starting the process of how to get a divorce in Ohio.

4. Serve the summons

The filing spouse must ask the court to serve the divorce papers to the other spouse, which officially notifies them of the legal action. In Ohio, you can serve papers through certified mail or use a process server to deliver them by hand. You might also be able to publish notice in the newspaper if you don’t know where your spouse lives.

5. Disclose your finances

If you’re filing divorce papers in Ohio, both spouses are required to exchange financial affidavits, listing income, assets, debts, and expenses so the court can make informed decisions. This step doesn’t apply for a dissolution of marriage, as you’ve already agreed on these items.

6. Wait the required time

After you serve divorce papers, there’s a 42-day waiting period. During this time, your spouse can respond by agreeing to the terms, contesting the divorce, or not respond at all. If they contest the divorce, it can take longer to complete, while no response could lead to a default judgment. For a dissolution of marriage, you’ll be scheduled for your hearing not less than 30 days after filing. 

7. Negotiate and settle

Ideally, you and your spouse will work out an agreement on issues like property division, child custody, and child support obligations. Mediation or settlement discussions can help resolve disputes quickly and amicably. Reaching an agreement outside of court can save time, reduce costs, and give you more control of the outcome rather than leaving it up to a judge.

8. Receive your final judgment

For a dissolution of marriage, you’ll attend a final hearing where the court will review your petition and approve your separation agreement. If you reach an agreement in a contested divorce, you’ll also attend a hearing so that a judge can issue the divorce decree. If you and your spouse can’t reach an agreement, you’ll go to trial, where both sides present evidence and the judge makes the final decisions and issues the divorce decree.

How much does it cost to file for divorce in Ohio?

The average cost of a divorce in Ohio can range from $3,000 to $9,000. A divorce that goes to trial could cost you up to $17,000. The cost of your specific situation can be affected by several factors, including the complexity of your case and how much your attorney charges.

Family law attorneys in Ohio charge an average of $230 per hour. If your case is complex or you go to trial, this can really add up. On the other hand, if you’re able to get an uncontested divorce online, you might only pay hundreds of dollars, not thousands.

You’ll also want to think about filing fees. The fee to file a Petition for Dissolution or Divorce varies by county but is usually about $200 to $400. You might qualify for fee waivers, so ask your county clerk.

Property division in OH

Ohio follows “equitable distribution” for dividing property during a divorce, which means judges must divide property equally, but fairly. The state also treats marital and separate property differently.

 “Marital property” includes the following:

• All real and personal property that was acquired during the marriage, like real estate and retirement benefits
• Any interest in property acquired during the marriage
• Income and appreciation of separate property, if it was due to the contributions of the non-owning spouse during the marriage

 “Separate property” includes the following: 

• Any property or assets inherited by one spouse during the marriage
• Any real or personal property, or an interest in property, that one spouse owned before the marriage
• Passive income and appreciation of separate property
• Any property one spouse acquires after a legal separation decree
• Any property excluded by a valid prenuptial or postnuptial agreement
• One spouse’s personal injury compensation
• Any property given as a gift to only one spouse during the marriage

 When dividing marital property, the court considers the following factors:

• Duration of the marriage
• Assets and liabilities (what each spouse owns and owes)
• Whether it’s best to give the family home to the spouse with custody of the children
• How easily the marital property can be converted to cash
• Whether it makes sense to keep an asset intact
• If an asset needs to be sold, the associated costs
• The tax consequences for each spouse
• Any other considerations the court finds fair and relevant

Alimony in Ohio

In Ohio, alimony or “spousal support” refers to payments made to a former spouse to provide for their basic needs. Alimony can be provided through a lump sum or installments, and installments can be temporary or permanent.

 When deciding whether to award alimony and determining the rules of final divorce decree, the court considers the following factors:

• How long the marriage lasted
• The lifestyle established during the marriage
• The income of both parties
• The assets and debts of each party
• The earning potential of each party
• The ages and physical, mental, and emotional conditions of both spouses
• The retirement benefits each party has
• The education levels of both parties
• Whether the spouse with custody of minor children can work outside the home
• The time and expense needed for the party seeking spousal support to gain employment
• Each party’s contributions to the other’s education or earning ability
• Any loss of income a party experienced due to marital responsibilities
• The tax consequences of spousal support for each party
• Any other relevant factors

Child custody and support in OH

If a couple has minor children, determining parental rights can complicate the process of how to file for divorce in Ohio. It’s often left to the Ohio courts to decide what’s in the best interest of the child. The court decides on two types of custody:

• Legal custody gives a parent the authority to make major decisions about the child’s upbringing.
• Physical custody determines where the child lives on a day-to-day basis.

 The court also needs to decide on whether to award joint custody or sole custody:

• Joint custody means both parents share responsibilities for raising their child.
• Sole custody gives one parent primary responsibility.

 Courts usually aim to respect both parties’ parental rights and create a shared parenting plan. The court considers several factors when determining what’s in the best interest of a child:

• Each parent’s wishes
• The child’s wishes, if they’re able to understand the proceedings
• The child's interactions with parents, siblings, and others who affect their well-being
• How well the child is adjusted to their home, school, and community
• The mental and physical health of everyone involved
• Each parent’s criminal history and any history of abuse or gross neglect
• Which parent is more likely to respect the court-approved parenting plan
• Whether either parent has missed child support payments
• Whether either parent has moved or plans to move out of state

Determining child support

In Ohio, the spouse who does not have custody may have to pay child support. The Ohio courts use the Basic Child Support Schedule to calculate a minimum payment amount based on the income of each spouse. If a spouse is employed, this is their gross income from any source. If they’re not employed, it will be calculated based on the potential income they could earn if they went back to work.

 In Ohio, the amount of time each parent spends with the child can also influence child support calculations. When parenting time is more equally shared, the court might reduce child support obligations to reflect the shared responsibility for the child's expenses. With child support determined, your divorce can be finalized.

 Want to know more about how to file for divorce in Ohio? We can help you determine if you’re eligible, decide which type of divorce is right for you, and prepare and file your paperwork. Our online divorce service can help turn a complex process into a seamless experience, so you can put your divorce behind you.

FAQs

How long does a divorce take in Ohio?

A divorce in Ohio typically takes 4 to 12 months. Disputes over assets, custody, or support, can take longer due to court hearings and negotiations. A dissolution, which is an uncontested divorce in which the parties agree on major issues, can sometimes be finalized right after the 42-day waiting period or within a couple of months.

Do you have to go to court to get divorced in Ohio?

Yes, you generally need to go to court to finalize a divorce in Ohio. Even in uncontested divorces, a brief court appearance is usually required to review and approve the divorce agreement. In contested cases, multiple court hearings may be necessary to resolve disputes.

Do I need a lawyer to get divorced in Ohio?

You’re not required to have a lawyer to get divorced in Ohio, but having one is highly recommended. A lawyer can help navigate legal complexities, protect your rights, and ensure a fair settlement, especially if your divorce involves disputes over assets, custody, or support.