How to File for Divorce in Ohio 2026: Complete Guide

Ohio offers both divorce and dissolution of marriage options for ending a marriage. This comprehensive guide covers residency requirements, grounds for divorce, the filing process, property division, child custody, alimony, and all costs associated with ending your marriage in Ohio.

Ohio Residency Requirements

Before filing for divorce in Ohio, you must meet these requirements under Ohio Revised Code § 3105.03:

• At least one spouse must have been an Ohio resident for a minimum of 6 months immediately before filing
• The divorce must be filed in the county where either spouse has resided for at least 90 days
• No proof of residency is required at filing, but you may need to testify to residency at the final hearing

Divorce vs. Dissolution in Ohio

Divorce

A traditional divorce where the court decides contested issues. One spouse files and serves the other.

• Used when spouses disagree on terms
• Court makes decisions on property, custody, and support
• Can be filed unilaterally
• Takes 6-18+ months typically

Dissolution of Marriage

Ohio's streamlined process for couples who agree on all terms (ORC § 3105.63):

• Both spouses file jointly with a separation agreement
• Must agree on all issues: property division, custody, support, debt allocation
• Both must attend final hearing (30-90 days after filing)
• No mandatory waiting period beyond hearing date
• Faster and less expensive than traditional divorce

Grounds for Divorce in Ohio

Ohio recognizes both no-fault and fault-based grounds under ORC § 3105.01:

No-Fault Grounds

• Incompatibility: Spouses cannot get along (unless denied by other spouse)
• Living Separate and Apart: Lived separately without cohabitation for 1 year

Fault-Based Grounds

• Bigamy: Either party had a living spouse at the time of marriage
• Willful Absence: Absent for 1 year
• Adultery: Extramarital affair
• Extreme Cruelty: Physical or mental cruelty
• Fraudulent Contract: Marriage obtained through fraud
• Gross Neglect of Duty: Failure to fulfill marital obligations
• Habitual Drunkenness: Chronic alcohol abuse
• Imprisonment: Spouse imprisoned in state or federal institution
• Procurement of Divorce Outside State: Obtaining divorce elsewhere while still married under Ohio law

Step-by-Step Filing Process

Step 1: Prepare Divorce Complaint and Required Forms

For Divorce (ORC § 3105.01):

• Complaint for Divorce (Form 1)
• Summons
• Affidavit of Income and Expenses (if children or support involved)
• Child Support Computation Worksheet (if applicable)
• Residential Parent Designation (if children)

For Dissolution (ORC § 3105.63):

• Petition for Dissolution (jointly filed)
• Separation Agreement (signed by both spouses)
• Waiver of Final Hearing (or both attend hearing)
• Parenting plan and financial affidavits (if children)

Step 2: File with Court of Common Pleas

File your documents with the Domestic Relations Division of the Court of Common Pleas in the county where you or your spouse resides.

Filing Fee: Approximately $200-$350 (varies by county)

Fee waivers available for indigent petitioners

Step 3: Serve Your Spouse (Divorce Only)

Ohio requires formal service of divorce papers:

• Personal service by sheriff, process server, or certified mail
• Service by certified mail with return receipt (ORC § 3105.06)
• Your spouse has 28 days to file an answer
• If no response, you can request default judgment

Note: Dissolution doesn't require service since both spouses file together.

Step 4: Financial Disclosure and Discovery

Both parties must complete financial disclosures:

• Affidavit of Income and Expenses
• List of assets and liabilities
• Recent tax returns
• Pay stubs and employment information

Step 5: Temporary Orders (If Needed)

Either party can request temporary orders for:

• Temporary custody and parenting time
• Temporary spousal support
• Temporary child support
• Exclusive use of marital home
• Restraining orders on asset disposal

Step 6: Settlement or Trial

Uncontested Divorce: If you reach agreement, submit settlement to court for approval

Contested Divorce: Proceed to trial where judge decides all issues

Dissolution: Both spouses attend final hearing to confirm agreement

Step 7: Final Decree

Judge issues Decree of Divorce or Dissolution, which includes:

• Division of property and debts
• Parenting plan and allocation of parental rights (if children)
• Child support order
• Spousal support (if applicable)

Property Division in Ohio

Ohio is an equitable distribution state (ORC § 3105.171), meaning fair but not necessarily equal division.

Marital vs. Separate Property

• Marital Property: Assets and debts acquired during marriage (subject to division)
• Separate Property: Property owned before marriage, inheritances, and gifts to one spouse (typically kept by owner)

How Property is Divided

Ohio law presumes equal division is equitable, but courts can deviate based on factors including:

• Duration of marriage
• Assets and liabilities of each spouse
• Desirability of awarding family home to custodial parent
• Liquidity of property
• Economic circumstances of each spouse
• Tax consequences
• Costs of sale (if property must be sold)
• Contributions of each spouse including homemaking
• Dissipation or waste of marital assets

Division of Retirement Accounts

Retirement benefits earned during marriage are marital property:

• 401(k), IRA, pensions are subject to division
• Requires Qualified Domestic Relations Order (QDRO) for division
• Only the marital portion (earned during marriage) is divided

Spousal Support (Alimony)

Ohio courts may award spousal support under ORC § 3105.18 based on these factors:

Factors Considered

• Income and earning ability of each spouse
• Age, physical, mental, and emotional condition
• Duration of marriage
• Standard of living during marriage
• Relative education levels
• Relative assets and liabilities
• Contributions as homemaker
• Time and expense necessary for education or training
• Tax consequences
• Lost income production capacity due to marital responsibilities
• Any other relevant factor

Types of Spousal Support

• Temporary Support: During divorce proceedings
• Short-term Support: For specific period (rehabilitative)
• Long-term Support: For extended periods (long marriages)
• Permanent Support: Until death or remarriage (rare, typically long marriages with economic disparity)

Modification and Termination

Spousal support terminates upon:

• Death of either party
• Remarriage of recipient (unless otherwise agreed)
• Cohabitation of recipient with another (may be grounds for modification)
• End of specified term

Child Custody and Parenting Time

Allocation of Parental Rights and Responsibilities

Ohio uses this terminology instead of "custody" (ORC § 3109.04):

• Shared Parenting: Both parents share decision-making (like joint custody)
• Sole Residential Parent: One parent designated as primary (like sole custody)

Best Interest Factors

Courts determine custody based on child's best interest, considering:

• Wishes of child (considered based on age and maturity)
• Wishes of parents
• Child's interaction with parents, siblings, and others
• Child's adjustment to home, school, and community
• Mental and physical health of all parties
• Parent who is more likely to honor parenting time
• Whether either parent has failed to make support payments
• Whether either parent or household member has been convicted of domestic violence
• History of parental care before separation
• Geographic proximity of parents for shared parenting

Parenting Time (Visitation)

Non-residential parent entitled to reasonable parenting time unless detrimental to child. Standard schedules often include:

• Alternating weekends
• One weeknight evening
• Alternating holidays
• Extended summer parenting time

Child Support

Ohio uses an income shares model under ORC § 3119.01-.99:

Calculation Factors

• Both parents' gross income
• Number of children
• Health insurance costs
• Childcare expenses
• Extraordinary educational or medical expenses
• Parenting time percentage

Support Guidelines

Ohio provides a basic child support schedule based on combined parental income. Courts must follow guidelines unless deviation is in child's best interest.

Duration

Child support continues until:

• Child reaches age 18 AND graduates high school (or age 19 if still in high school)
• Child becomes emancipated
• Child marries
• Child enters military service
• Child dies

Modification

Either parent can request modification if there's been a substantial change in circumstances since the last order (typically 10% or more change in income).

Mandatory Parenting Classes

Most Ohio counties require divorcing parents with children to complete a parenting class:

• Court-approved program (typically 3-4 hours)
• Covers effects of divorce on children
• Co-parenting strategies
• Cost: $30-$75 (varies by county)
• Must be completed before final decree

Costs and Fees

Expected Timeline

• Dissolution (Uncontested): 30-90 days
• Uncontested Divorce: 4-6 months
• Contested Divorce: 9-18 months
• Complex Cases (significant assets/custody disputes): 18-36+ months

Important: Ohio has no mandatory waiting period once filing is complete, unlike some states.

Name Change After Divorce

Either spouse can request to resume a former name as part of the divorce decree at no extra charge. The request must be made before the final decree is issued.

Frequently Asked Questions

How much does a divorce cost in Ohio?

Filing fees range from $200-$350. An uncontested dissolution without attorneys can cost under $500 total. Contested divorces with attorneys typically cost $5,000-$25,000+ depending on complexity and duration.

How long does a divorce take in Ohio?

Dissolutions can be completed in 30-90 days. Uncontested divorces take 4-6 months. Contested divorces typically take 9-18 months or longer depending on complexity and court scheduling.

Can I get a divorce without my spouse's consent in Ohio?

Yes. You can file for divorce unilaterally, though you cannot use dissolution (which requires mutual agreement). If your spouse doesn't respond, you can obtain a default divorce.

Do I need a lawyer for an Ohio divorce?

Not required. You can represent yourself (pro se), especially for dissolution when you agree on all terms. However, attorney representation is advisable for complex property division, contested custody, or fault-based grounds.

Is Ohio a 50/50 divorce state?

Ohio uses equitable distribution, not community property. While there's a presumption that equal division is equitable, courts can divide property unequally based on various factors. The division must be fair but not necessarily 50/50.

Can I get alimony in Ohio?

Yes. Ohio courts may award spousal support based on need, earning ability, duration of marriage, and other factors. There's no formula—it's determined case-by-case. Support can be temporary, short-term, or long-term depending on circumstances.