Divorce in Ohio
Ohio allows both fault and no-fault grounds for divorce and also offers a separate dissolution process for uncontested cases. The state uses equitable distribution for property division and requires at least one spouse to have been an Ohio resident for six months.
Quick Facts
Residency Requirement
6 months in state, 90 days in county
Waiting Period
Divorce: 42 days after service; dissolution: 30-90 days
Filing Fee (approximate, varies by county)
$200-$400
Property Division
equitable distribution
Grounds for Divorce
- Incompatibility
- Living separate for 1 year
- Adultery
- Extreme cruelty
Key Facts
- Ohio offers both divorce and dissolution (uncontested) proceedings
- A dissolution requires both spouses to agree on all terms
- At least one spouse must have lived in Ohio for 6 months and the county for 90 days
- Property is divided by equitable distribution
- Financial misconduct, such as hiding or wasting assets, can lead the court to compensate the other spouse in the property division
Child Custody
Ohio courts determine custody (called 'allocation of parental rights and responsibilities') based on the best interests of the child. The court considers the wishes of the parents and child, the child's adjustment to home, school, and community, and the mental and physical health of all parties.
Alimony / Spousal Support
Ohio courts may award spousal support based on factors including the income and earning ability of each spouse, the duration of the marriage, the standard of living during the marriage, the education and training of each party, and the retirement benefits of each spouse.
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FAQs
Common questions about divorce in Ohio
A dissolution in Ohio is an uncontested process where both spouses agree on all terms including property division, custody, and support before filing. A divorce is used when the parties cannot agree and need the court to decide contested issues. Dissolution is generally faster and less expensive.
Fault grounds such as adultery can be the basis for the divorce itself. For property, Ohio law focuses on financial misconduct, such as hiding, wasting or fraudulently transferring assets, which can lead the court to compensate the other spouse. The spousal support statute lists financial and practical factors rather than marital fault, though the court can weigh any other factor it finds relevant and equitable.