Everything to Know About Divorce in Ohio
- Divorce vs. dissolution
- Prerequisites
- How to file
- Cost & filing fees
- Property, assets & debt division
- Alimony
- Child support & custody
- Military divorce
- Separations and annulments
- E-filing
- After divorce
- Legal help and resources
Divorce in Ohio follows its own set of rules, timelines, and procedures—some of which can feel straightforward, others less so. Whether you're just starting to think about separation or already in the middle of the process, understanding how Ohio handles divorce can save you time, stress, and money.
This guide breaks down the essentials: who can file, how long it takes, what happens to property, custody, and support—plus the difference between divorce and dissolution in Ohio (yes, they're two separate things).
Divorce vs. dissolution of marriage in Ohio
In Ohio, divorce and dissolution of marriage are two legal ways to end a marriage, but they follow different processes and are used in different circumstances.
1. Divorce (contested)
Divorce is used when you and your spouse don’t agree on the terms of ending the marriage — like custody, property division, or support.
- Fault or no-fault grounds: Ohio allows both. You can file on grounds like adultery or cruelty, or on “incompatibility” if both parties agree you just don’t get along anymore.
- Court decides: A judge steps in to resolve any disputed issues.
- Slower & more expensive: Because it’s adversarial, it often involves more paperwork, court hearings, and legal fees.
2. Dissolution of marriage (uncontested)
Dissolution is available when both spouses agree on everything before they file.
- You and your spouse create a separation agreement first—covering parenting, assets, debts, support, etc.
- You then file jointly and attend one hearing to finalize it.
- No one is "at fault" — it’s not about blame.
- Faster, cheaper, more private: Since there’s no fight, it typically wraps up in a few months.
Key differences at a glance
|
Divorce |
Dissolution |
|
|
Disagreements? |
Yes, there are contested issues |
No, everything is agreed in advance |
|
Who files? |
One spouse files (plaintiff) |
Both file together (joint petition) |
|
Process |
Litigation, court hearings |
One hearing to finalize agreement |
|
Timeline |
Can take many months or longer |
Typically 30–90 days after filing |
|
Cost |
Higher (attorneys, court time) |
Lower (less legal work) |
Source: Ohio Revised Code Chapter 3105 – Ohio Laws on Divorce and Dissolution
Which one should you use?
If you and your spouse can cooperate and agree on the terms, dissolution is usually the smoother option. If not, divorce is the only route.
Prerequisites for dissolution or divorce in Ohio
Before you file, make sure you meet Ohio's legal requirements.
Residency requirements
Either spouse must have lived in Ohio for at least six months before filing. You must also file in the county where one spouse has lived for at least 90 days.
Waiting period
- Divorce: No mandatory waiting period.
- Dissolution: Must wait at least 30 days, and a hearing must be scheduled within 90 days of filing.
Grounds for divorce
Ohio recognizes both no-fault and fault-based divorces.
- No-fault: Incompatibility or living separate and apart without cohabitation for at least one year.
- Fault-based: Includes adultery, extreme cruelty, habitual drunkenness, abandonment, and imprisonment.
How to file for dissolution or divorce in Ohio
- Prepare and file: File a complaint for divorce in the domestic relations court in the appropriate county.
- Serve your spouse: Your spouse must be legally notified through certified mail, personal service, or publication.
- Response: The respondent has 28 days to file an answer.
- Court process: If uncontested, you may finalize quickly. Contested cases involve hearings or a trial.
- Final decree: The court issues a final divorce decree once all issues are resolved.
Cost & filing fees
Filing fees vary by county but often range from $250 to $400. Additional costs may include:
- Process service
- Mediation or parenting classes
- Legal representation
Some courts allow fee waivers based on income. Check with your county court for exact fees and forms.
Property, assets & debt division
Ohio follows equitable distribution laws. The court divides marital property fairly, not necessarily equally. Separate property (owned before marriage, gifts, or inheritances) is typically not divided unless it was commingled.
Courts consider:
- Length of marriage
- Each spouse's income and contributions
- Child custody arrangements
- Misconduct (in limited cases)
Alimony (spousal support)
Spousal support is not guaranteed and depends on need, ability to pay, and fairness. Factors include:
Child support & custody in Ohio
Custody Ohio courts focus on the best interest of the child. Options include:
- Shared parenting (joint legal and/or physical custody)
- Sole custody with visitation
Support Child support is calculated using the Ohio Child Support Guidelines and considers:
Use the Ohio Child Support Calculator to estimate payments.
Military divorce in Ohio
Military members can file in Ohio if stationed or residing in the state. Federal protections under the Servicemembers Civil Relief Act (SCRA) may apply.
Separation and annulments
- Legal separation: A formal process for spouses who want to live apart but remain legally married, which is allowed in Ohio.
- Annulment: Only available in specific cases like bigamy, underage marriage, fraud, or lack of consent.
Can you file for divorce online in Ohio?
Many counties allow online filing for some forms through their local court websites. E-filing availability varies, so check your county court for guidance.
After divorce: what happens next?
- Name change: Can be included in the divorce decree with a few extra fields filled out.
- Taxes: You may file as single for the year the divorce is finalized.
- Support modifications: Custody or support orders can be modified later.
- Estate plans: Update your will, insurance, and beneficiaries. See our list of everything you might want to revise or update.
Legal help and divorce resources
Understanding your rights and the legal steps can make a difficult process more manageable. If your case involves children, significant assets, or conflict, consider talking to an experienced family law attorney.
