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How do I file for divorce in Ohio?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Ohio offers two ways to end a marriage: divorce (contested, fault or no-fault) and dissolution (uncontested with full agreement). Both are governed by Ohio Revised Code Chapter 3105.

1. Residency Requirements — The plaintiff must have been an Ohio resident for at least 6 months and a county resident for 90 days.

2. No-Fault Grounds — Incompatibility (if not denied by the other spouse) or living separate and apart without cohabitation for 1 year.

3. Fault Grounds — Adultery, extreme cruelty, gross neglect of duty, habitual drunkenness, willful absence (1+ year), bigamy, imprisonment, fraudulent contract, and others.

4. Dissolution Path — If spouses agree on all terms, file a joint Petition for Dissolution with a Separation Agreement. A hearing occurs 30–90 days later, and the marriage ends.

5. Required Forms — Complaint for Divorce, Affidavit of Income and Expenses, Affidavit of Property, and (if children) a Parenting Proceeding Affidavit.

6. Filing Fee — Approximately $200–$350 depending on county. Poverty affidavits available.

7. Service of Process — Certified mail or sheriff/process server. Respondent has 28 days to answer.

8. Property Division — Ohio is an equitable distribution state. Marital property is divided equally unless equal would be inequitable; separate property remains with its owner.

9. Final Judgment — A Judgment Entry/Decree of Divorce or Decree of Dissolution ends the marriage.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Contested custody disputes
  • Significant assets or business interests
  • Domestic violence concerns
Related Statutes & Laws
  • Ohio Rev. Code § 3105.01
  • Ohio Rev. Code § 3105.03
  • Ohio Rev. Code § 3105.171

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.