How to File for Divorce in Ohio (2025 Guide)

How to File for Divorce in Ohio (2025 Guide)

If you're planning to get divorced in Ohio, understanding the steps involved can help you avoid delays and unnecessary stress. This guide covers the full divorce process clearly and simply.

✅ 1. Meet Residency Requirements

To file for divorce in Ohio:

• Either spouse must have been a resident of Ohio for at least 6 months.

• You must file in the county where you or your spouse has lived for at least 90 days.

✅ 2. Choose the Type of Divorce

Ohio recognizes two main options:

a. Dissolution of Marriage (Mutual Agreement)

• Both spouses agree on all terms: property, custody, support.

• Quicker and less adversarial.

• File a joint petition and separation agreement.

b. Contested Divorce

When spouses do not agree, one files for divorce, and the court decides unresolved issues.

Grounds include:

• No-fault: incompatibility or living apart for 1 year.

• Fault-based: adultery, cruelty, habitual drunkenness, etc.

✅ 3. Prepare and File Divorce Papers

If you're filing a divorce (not dissolution), complete and file:

• Complaint for Divorce

• Affidavit of Income and Expenses

• Affidavit of Property

• Parenting Proceeding Affidavit (if children involved)

• File at your County Court of Common Pleas – Domestic Relations Division.

✅ 4. Serve the Divorce Papers

You must legally serve the other spouse via:

• Certified mail

• Sheriff

• Private process server

• They have 28 days to respond after being served.

✅ 5. Temporary Orders (Optional)

If needed, you can request temporary orders for:

• Custody and visitation

• Spousal or child support

• Exclusive use of marital home

• These stay in effect during the divorce process.

✅ 6. Financial Disclosures

Ohio requires both parties to disclose:

• Income and expenses

• Assets and debts

• Tax returns and pay stubs

This helps determine fair property division and support orders.

✅ 7. Negotiate or Mediate Disputes

If you reach a settlement, file a Separation Agreement.

If you cannot agree, the court may order mediation, or set hearings or a trial.

✅ 8. Final Hearing

Once all issues are resolved:

• In uncontested cases, you attend a brief hearing or the judge signs a final decree.

• In contested divorces, the judge makes decisions after a hearing or trial.

✅ 9. Receive Final Decree

The judge signs a Final Decree of Divorce, legally ending the marriage.

If it’s a dissolution, the court signs the Decree of Dissolution after the hearing.

⚖️ Additional Notes

Ohio courts divide property equitably (not necessarily 50/50).

Child support and custody are determined in the child’s best interest.

Spousal support (alimony) may be awarded based on duration of marriage, income difference, etc.

📄 Helpful Forms & Resources

Supreme Court of Ohio Domestic Relations Forms

County-specific court websites (e.g., Franklin County, Cuyahoga County)