How Long Does a Divorce Take in Ohio?

In Ohio, a divorce typically takes anywhere from 30 days to 18 months or more, depending on the legal path you choose. A dissolution (where both spouses agree on all terms) is the fastest, often finalized within 30 to 90 days. An uncontested divorce generally takes 4 to 6 months, while a contested divorce (where disagreements require court intervention) usually lasts 12 to 18 months.

Knowing what to expect in terms of timing can help you prepare emotionally and financially for what lies ahead. In this guide, our divorce lawyers break down Ohio's divorce process, timelines, and factors that influence how quickly your divorce can be finalized.

Ohio's Divorce Requirements

Before diving into timelines, it's important to know whether you qualify to file for divorce in Ohio. According to Ohio Revised Code Section 3105.03, you must meet specific residency requirements.

You or your spouse must have lived in Ohio for at least six months before filing. Additionally, you or your spouse must have resided in the county where you're filing for at least 90 days. These requirements ensure the Ohio courts have proper jurisdiction over your case.

There's no mandatory separation period before filing for divorce in Ohio, and you don't need to be legally separated first. However, if you or your spouse is pregnant, the divorce cannot be finalized until after the baby is born.

Dissolution vs. Divorce: Two Paths to Ending Your Marriage

Ohio law provides two primary methods for ending a marriage: dissolution and divorce. The path you choose significantly impacts your timeline. Here's how they compare:

Dissolution of Marriage

A dissolution is Ohio's version of an uncontested divorce, where both spouses agree on all major issues, including property division, spousal support, and child custody. According to the Ohio Supreme Court, dissolution cases should be concluded within 90 days from filing.

You and your spouse file a joint petition with a separation agreement that outlines the agreed-upon terms. The court schedules a final hearing between 30 and 90 days after filing. If the judge approves your agreement as fair, the dissolution is finalized. Couples who negotiate their separation agreement before filing can complete the entire process in 4 to 6 weeks after filing.

Contested Divorce

A contested divorce occurs when spouses cannot agree on one or more issues and need the court to intervene. This process takes considerably longer than dissolution. Contested divorces without children should be resolved within 12 months of filing, while cases involving children should be resolved within 18 months.

However, these are guidelines, not guarantees. Particularly contentious or complicated cases can extend beyond these timeframes, sometimes taking two years or longer to reach a final resolution.

Average Timeline for Uncontested Divorces in Ohio

When both spouses agree on the terms, an uncontested divorce can proceed relatively smoothly. Here's what the typical timeline looks like:

• Filing and service (1 to 2 weeks): One spouse files a divorce complaint with the court and pays the filing fee, which typically ranges from $200 to $400, depending on your county. The other spouse must be served with divorce papers, usually by certified mail, which can take a few days to a couple of weeks.
• Response period (up to 28 days): After being served, the responding spouse has 28 days to file an answer. In an uncontested divorce, this response typically indicates agreement with the terms of the divorce.
• Waiting period (minimum 42 days): Ohio law requires a minimum waiting period of 42 days from the date of service before a final hearing can be scheduled. This waiting period cannot be waived, even if both parties want to move faster.
• Final hearing: Once the waiting period passes and all paperwork is complete, the court schedules a final hearing. If everything is in order, the judge can finalize the divorce at this hearing.

In total, uncontested divorces in Ohio typically take between 4 and 6 months from start to finish, though simpler cases can sometimes be completed in as little as two to three months if the court's schedule allows.

Average Timeline for Contested Divorces in Ohio

Contested divorces follow a more extensive process with multiple stages that can significantly extend the timeline:

• Initial filing and service (2-4 weeks): The process begins the same way as an uncontested divorce, with filing and service. However, if the other spouse is difficult to locate or evades service, this stage can take longer.
• Response and counterclaim (28 days): The responding spouse has 28 days to file an answer and, if appropriate, a counterclaim. This is when they can contest issues raised in the complaint or present their own demands.
• Discovery phase (3-6 months or more): This is often the most time-consuming stage. Both parties gather information on finances, assets, and other relevant matters through document requests, depositions, and, in some cases, professional evaluations. Complex cases involving business ownership, significant assets, or custody disputes can significantly extend this phase.
• Temporary orders: During the divorce process, either spouse can request temporary orders addressing issues like child custody, support, or living arrangements while awaiting the final decree.
• Mediation and settlement negotiations (variable): Many courts require or strongly encourage mediation for contested issues, especially those involving children. This can take several sessions over weeks or months.
• Pre-trial and trial (if necessary): If a settlement cannot be reached, the case proceeds to trial. Trial preparation and court availability can add months to the process. The trial itself might last anywhere from a few hours to several days, depending on the case's difficulty.

According to Ohio Legal Help, contested divorces typically take 12 to 18 months from start to finish. Cases involving children generally fall on the longer end of this spectrum, potentially extending up to two years in particularly contentious situations.

Factors That Affect Your Divorce Timeline

Several variables can either speed up or slow down your divorce process. Here's what influences how long your case will take:

• Children: Cases with minors take longer due to custody arrangements and the mandatory 2-hour co-parenting class required by Ohio law.
• Asset complexity: Dividing complex assets, such as businesses, multiple properties, or retirement accounts, requires additional time for valuations and specialized legal orders.
• Cooperation level: The more you and your spouse can compromise on fair solutions, the faster you will move through the legal process.
• Court schedule: Timelines vary by county, as heavy court backlogs can delay your hearings or trial dates by several months.
• Pregnancy: Ohio courts will not finalize a divorce until after a child is born to ensure paternity and support are legally established.
• Attorney representation: An experienced lawyer streamlines the process by ensuring all paperwork is accurate and every court deadline is met.

Steps in the Ohio Divorce Process

The divorce process in Ohio follows a specific sequence of events. Here's what you can expect at each stage:

Step 1: Filing the Complaint

One spouse files a divorce complaint with the Court of Common Pleas in the appropriate county. This document outlines the basic facts of the marriage, grounds for divorce, and what the filing spouse is requesting regarding property, support, and children.

Step 2: Service of Process

The non-filing spouse must be officially notified through service of process. This ensures they have an opportunity to respond.

Step 3: Response and Discovery

The served spouse files a response and, if appropriate, a counterclaim. Both parties then engage in discovery to gather necessary financial and other information.

Step 4: Temporary Orders (if needed)

Either spouse can request temporary orders to address immediate concerns like child custody, support, or use of marital property during the divorce process.

Step 5: Negotiation and Mediation

Most divorces settle before trial. Parties work with their attorneys and, if needed, a mediator to reach agreements on contested issues.

Step 6: Final Hearing or Trial

If an agreement is reached, a brief final hearing approves the settlement. If not, the case proceeds to trial, where a judge makes final decisions.

Step 7: Final Decree

The judge signs the final divorce decree, officially ending the marriage. This document is filed with the clerk of courts and becomes part of the public record.

Common Delays and How to Avoid Them

While some delays are beyond your control, others can be prevented:

• Incomplete or inaccurate paperwork: Filing errors are common among self-represented parties. The court's Compliance Department reviews all documents, and rejected filings must be corrected and resubmitted, creating delays. Take time to carefully complete all forms, or work with an attorney to ensure accuracy.
• Service problems: If your spouse is avoiding service or their whereabouts are unknown, you may need to use alternative service methods, which take additional time.
• Financial disclosure issues: Hiding assets, failing to provide requested financial documents, or incomplete financial disclosure can significantly delay your case and damage your credibility with the judge.
• Unnecessary litigation: Fighting over every minor issue extends the timeline and increases costs. Focus on what truly matters and be willing to compromise on less significant points.
• Missing deadlines: Courts operate on strict timelines. Missing filing deadlines or failing to appear at scheduled hearings can set your case back weeks or months.

How Dailey Law Offices Can Help You

The length of your divorce in Ohio depends largely on your specific circumstances, but knowing what to expect helps you prepare for what's ahead. Whether you're facing an uncontested dissolution that could be complete in a few months or a contested divorce that may take over a year, having knowledgeable legal guidance makes the journey smoother.

At Dailey Law Offices, we've helped Central Ohio families through hundreds of divorce cases over more than two decades. We recognize the emotional and financial strain of ending a marriage, and we work efficiently to help you move forward while protecting your interests. Contact us today to discuss your situation and learn how we can help you through your divorce.