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).
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.
Divorce is used when you and your spouse don’t agree on the terms of ending the marriage — like custody, property division, or support.
Dissolution is available when both spouses agree on everything before they file.
|
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) |
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.
Before you file, make sure you meet Ohio's legal 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.
Ohio recognizes both no-fault and fault-based divorces.
Filing fees vary by county but often range from $250 to $400. Additional costs may include:
Some courts allow fee waivers based on income. Check with your county court for exact fees and forms.
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:
Spousal support is not guaranteed and depends on need, ability to pay, and fairness. Factors include:
Custody Ohio courts focus on the best interest of the child. Options include:
Support Child support is calculated using the Ohio Child Support Guidelines and considers:
Use the Ohio Child Support Calculator to estimate payments.
Military members can file in Ohio if stationed or residing in the state. Federal protections under the Servicemembers Civil Relief Act (SCRA) may apply.
Many counties allow online filing for some forms through their local court websites. E-filing availability varies, so check your county court for guidance.
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.