How Do I File for Divorce in Ohio?

Ending a marriage involves more than an emotional decision — it requires following specific legal procedures. If you're considering divorce in Ohio, you'll need to meet certain requirements, complete necessary paperwork, and follow court procedures to legally dissolve your marriage.

Ohio offers two pathways: traditional divorce and dissolution. Experienced Columbus divorce lawyers can help you determine which procedure and timeline best fit your situation.

Meeting Ohio's Residency Requirements

Before filing for divorce in Ohio, you must satisfy the state's residency requirements. According to Ohio Revised Code Section 3105.03, the spouse filing for divorce must have been a resident of Ohio for at least six months immediately before filing.

You must also file in a county where either you or your spouse has resided for at least 90 days. This requirement, established under Ohio Civil Rule 3(C)(9), determines which Court of Common Pleas will handle your case.

Only one spouse needs to meet these residency requirements, not both.

Divorce vs. Dissolution: Choosing Your Path

Ohio law offers two separate processes for ending a marriage, and understanding the difference will help you determine the right approach for your situation.

Traditional Divorce

A traditional divorce occurs when one spouse files a complaint without having reached a complete agreement with the other spouse. This process may be necessary when:

• You and your spouse cannot agree on property division.
• Child custody arrangements remain disputed.
• Spousal support amounts need a court determination.
• Your spouse refuses to cooperate with the divorce process.

In a traditional divorce, the respondent has 28 days after service to file an Answer. The court will ultimately decide any contested issues if the parties cannot reach an agreement.

Dissolution of Marriage

Dissolution is Ohio's "agreement-first" path, under which both spouses file a joint petition with a signed Separation Agreement that covers all property division, spousal support, and, if there are minor children, parental rights, parenting plans, and child support.

Under Ohio Revised Code Section 3105.64, the court must hold a hearing between 30 and 90 days after filing, at which both spouses must appear and confirm the agreement, making dissolution preferable to traditional divorce because it is typically faster and less expensive.

Grounds for Divorce in Ohio

Ohio is a "no-fault" state, meaning two of the grounds, living separate and apart in excess of one year and incompatibility, do not require finding fault by either party.

No-Fault Grounds

The most commonly used grounds for divorce in Ohio include:

• Incompatibility: The vast majority of divorces are granted on this basis. This ground simply means you and your spouse no longer get along and cannot continue the marriage.
• Living separate and apart: If you and your spouse have lived in separate households without cohabitation for at least one year, this serves as grounds for divorce without assigning fault.

Fault-Based Grounds

Ohio law also recognizes several fault-based grounds, including bigamy, willful absence for one year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment, and procurement of an out-of-state divorce.

Fault grounds typically only matter in specific circumstances, such as when one spouse committed financial misconduct.

Required Forms and Documents

Ohio uses standardized Uniform Domestic Relations (UDR) forms published by the Supreme Court of Ohio.

For divorce without children:

• Uniform Domestic Relations Form 6 — Complaint for Divorce without Children
• Uniform Domestic Relations Form Affidavit 1 — Affidavit of Basic Information, Income, and Expenses
• Request for Service form

For divorce with children:

• Uniform Domestic Relations Form 7 — Complaint for Divorce with Children
• Uniform Domestic Relations Form Affidavit 3 — Parenting Proceeding Affidavit
• Parenting Plan or Shared Parenting Plan

For dissolution of marriage:

• Uniform Domestic Relations Form 17 — Petition for Dissolution of Marriage and Waiver of Service of Summons
• Uniform Domestic Relations Form 19 — Separation Agreement
• Financial affidavits for both parties

These forms are available as free, fillable PDFs from the Ohio Supreme Court website.

The Filing Process: Step by Step

Once you've prepared your documents, follow these steps to officially file for divorce:

Step 1: Complete Your Paperwork

Complete all required forms accurately and in full. Check to determine if you meet the residency requirement to file in this county. The court may require additional forms to accompany these documents. Verify with your local court clerk about any county-specific requirements.

Step 2: File with the Court

Take your completed forms to the Clerk of Court at the Court of Common Pleas in the appropriate county. You must pay the filing fee at this time.

As of 2026, the filing fee for divorce and dissolution in most counties ranges from $250 to $475.

If you can't afford to pay the filing fees, you can ask the court to waive them. If your income is at or below 187.5% of the federal poverty limit, the court must waive your fees. Use Form 20: Civil Fee Waiver Affidavit and Order to request a waiver.

Step 3: Serve Your Spouse

After filing, you must provide legal notice to your spouse. Service methods in Ohio include:

• Certified mail through the clerk's office
• Personal service by a sheriff or private process server
• Publication in a local newspaper (if your spouse's location is unknown)

Once served, the other spouse must file an Answer within 28 days.

Note: For dissolution, both spouses sign and file together, so separate service isn't necessary.

Temporary Orders During Your Divorce

Either spouse may request temporary orders for:

• Temporary child custody and parenting time
• Temporary child support
• Temporary spousal support
• Use of marital property during the proceedings
• Payment of debts and expenses

Some counties automatically issue temporary restraining orders upon filing to prevent either spouse from selling assets, incurring new joint debt, or canceling insurance coverage.

What Happens After Filing

The timeline and process following your initial filing depend on whether your divorce is contested or uncontested.

Uncontested Divorce Process

If your spouse doesn't file an answer or you reach an agreement on all issues, the Court will set an "uncontested divorce hearing". You must prepare and submit a Decree that resolves all issues and attend the uncontested divorce hearing with a witness.

Contested Divorce Process

If your spouse files an Answer, the Court will set a scheduling conference two to three weeks after the Answer is filed. Many Ohio courts encourage or require mediation before proceeding to trial.

If you and your spouse have not agreed, the judge will review all evidence and issue a written decision.

Timeline Expectations

Dissolution requires a hearing between 30 and 90 days after filing. For traditional divorce cases, the process can take 4 to 12 months if you don't have children, or up to 2 years if you do have children.

Your divorce is not finalized until a signed "Judgment Entry for Divorce" is filed with the court.

Special Considerations

Pregnancy and Divorce

If you or your spouse is pregnant, you can't finalize the divorce until the baby is born. This delay allows the court to properly address custody, parenting time, and child support for the newborn.

Mandatory Parent Education

If there are minor children, you must attend mandatory parenting education pursuant to the DR628 Notice of Requirement to Attend Mandatory Parent Education Class after filing. This class helps parents understand how divorce affects children and promotes healthy co-parenting strategies.

For guidance on maintaining positive relationships with your children during divorce, see our article on tips for graceful co-parenting through the holiday season.

Children and Custody Matters

When children are involved, the court will make decisions in their best interests. You'll need to address:

• Legal custody (decision-making authority)
• Physical custody and residential arrangements
• Parenting time schedules
• Child support calculations
• Healthcare and education decisions

Learn more in our comprehensive guide on child custody types in Ohio.

Property Division in Ohio

Ohio follows equitable distribution when dividing marital property, meaning the court divides assets and debts fairly, though not necessarily equally. The court considers factors including each spouse's earning capacity, duration of the marriage, assets and liabilities, and tax consequences.

Taking the Next Step with Daily Law Offices

Filing for divorce in Ohio requires careful attention to legal requirements, deadlines, and procedures. At Dailey Law Offices, we help Ohio residents through every stage of the divorce process, from initial filing through final decree. Contact us today to discuss your situation and learn how we can help you move forward with confidence.