How do I file for divorce in Ohio?
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.
- Contested custody disputes
- Significant assets or business interests
- Domestic violence concerns
- 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.