Ohio

The Divorce Process in Ohio

12 min read
Updated

Overview

Ohio offers two paths to end a marriage: divorce (contested or uncontested) and dissolution (mutual agreement). Dissolution requires complete agreement on all issues and typically proceeds faster, while divorce allows the court to resolve disputes. Ohio is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers numerous factors including the duration of marriage, assets and liabilities, and each spouse's economic circumstances. Ohio courts prioritize the best interests of children in custody determinations, considering factors such as the parents' wishes, the child's adjustment to home and community, and the mental and physical health of all parties involved.

Residency Requirements

**Duration:** 6 months in Ohio, 90 days in filing county At least one spouse must have been a resident of Ohio for six months and a resident of the county where filing for at least 90 days before filing for divorce.

Grounds for Divorce

**No-Fault:** Incompatibility (unless denied by other spouse) or living separate and apart for one year **Waiting Period:** None for incompatibility if uncontested

Frequently Asked Questions

What is the difference between divorce and dissolution in Ohio?

Dissolution requires both spouses to agree on all issues (property, custody, support) before filing. Divorce allows the court to decide disputed issues. Dissolution is typically faster and less expensive when spouses can reach agreement.

How long does an Ohio divorce take?

Dissolution can be finalized in 30-90 days. Contested divorces take longer, typically 6-12 months or more depending on the complexity of issues and court schedules.

Is Ohio a 50/50 divorce state?

No, Ohio uses equitable distribution, meaning property is divided fairly but not necessarily equally. The court considers many factors to determine what is equitable in each case.

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Key Facts: Ohio

Filing Fee
Varies by county
Waiting Period
None for incompatibility if uncontested
Common-Law Threshold
Check state law
Property Division
Equitable Distribution
Child Support
Income Shares Model

These facts provide a general overview. Your specific situation may have unique considerations.