Ohio Divorce: What You Need to Know

Divorce is the legal process that involves the termination of a marriage in Ohio. The state laws allow the Court of Common Pleas, in every county, to handle divorce cases. Couples intending on filing for divorce may contact the domestic relations division of their local court of common pleas.

How Does Divorce Work in Ohio?

To get divorced in Ohio, either spouse must have resided in the state for at least six months before filing for divorce. They must have lived in the county where they wish to file for a divorce for at least 90 days. If one of the spouses is pregnant, divorce proceedings may not be finalized until the baby is born. Couples may find more information on how to decide where to file for divorce.

In Ohio, there is a chance for both no-fault and fault grounds for divorce cases. No-fault grounds include incompatibility (if both spouses agree) or living separately and apart for at least one year. The grounds for divorce in a fault-based scenario include adultery, extreme cruelty, willful absence for one year, gross neglect of duty, habitual drunkenness, imprisonment, or fraud.

In Ohio, couples have the option to pursue a dissolution of marriage. This is a legal process that enables the termination of a marriage by mutual consent. It involves the distribution of property, as well as arrangements regarding child custody and support. This process is usually faster and less expensive.

There is no specific waiting period after filing, but the divorce process may take between four months and two years.

Types of Divorce in Ohio

Couples who want to go their separate ways in Ohio may decide to choose:

• Dissolution of marriage: The spouses reach an agreement on issues involving division of property, child custody, and support. This is the fastest and most affordable route to divorce in marriages.
• Uncontested divorce: In this case, one spouse files the petition for divorce. The other spouse agrees with the terms, and the couple waits for court approval for their settlement.
• Contested divorce: This is a pathway for cases where the couples disagree on the terms of their separation. The court will decide the division of property, child custody, support, and alimony. These cases may be based on either no-fault or fault grounds.

Ohio Divorce Court Process and Forms

Spouses may file for divorce in Ohio at the Court of Common Pleas, Domestic Relations Division in the county where either spouse resides. The process begins when one person in the marriage submits a complaint for divorce. If both spouses agree to end the marriage, they may submit a Petition for Dissolution to the court. Additional documents may be submitted along with the complaint for divorce or the petition for dissolution of marriage. They include:

• Case Designation Form
• Affidavit of Basic Information, Income and Expenses
• Affidavit of Property and Debt
• Parenting Affidavit (if children are involved)
• Shared Parenting Plan (if applicable)
• Separation Agreement

The clerk of the court serves upon the other spouse, referred to as the defendant, a copy of the complaint and summons. This may also be done by a sheriff or sent through certified mail. The respondent typically has 28 days after the service of the complaint and summons to respond to the complaint. If the residence’s address is unknown, the court may instruct the clerk to publish the notice in a newspaper. The defendant may file a counterclaim against the divorce, clearly stating the grounds for their claims. The plaintiff must file a response to the counterclaim.

When children are involved, the court will instruct parents to attend a Parenting Education Program before finalizing custody orders. The judges may advise couples to consider mediation in cases involving child custody. If the case is contested and not resolved through mediation, then it proceeds to trial.

The divorce is finalized when a judge signs a Decree of Divorce or Decree of Dissolution and files the final decree in court. This decree ends the marriage and sets terms for child custody and support, property division, alimony, and parenting time rights.

City- and County-Level Filing Details

Anyone interested in filing for a divorce in Ohio is required to contact the Court of Common Pleas in their county. Here are contacts and outlines for some of the largest counties:

• Cuyahoga County (Cleveland):
  • Courthouse: Cuyahoga County Domestic Relations Court, 1 W. Lakeside Avenue, Cleveland, OH 44113.
  • Services: The court provides online filing and case lookup for divorce records
• Franklin County (Columbus):
  • Courthouse: Franklin County Court of Common Pleas, Domestic Relations Division, 373 S. High Street, Columbus, OH 43215.
  • Services: Self-help forms and instructions are available online at the court website.
• Hamilton County (Cincinnati):
  • Courthouse: Hamilton County Domestic Relations Court, 800 Broadway Street, Cincinnati, OH 45202.
  • Services: The Clerk offers filing assistance and provides quality parenting education to divorcing spouses.
• Summit County (Akron):
  • Courthouse: Summit County Domestic Relations Court, 205 S. High Street, Akron, OH 44308.
  • Services: The court educates the public on how to observe trials in court.
• Montgomery County (Dayton):
  • Courthouse: Montgomery County Domestic Relations Court, 301 W. Third Street, Dayton, OH 45422.
  • Services: The court offers legal help/forms on its website. It also allows parents to sign up for a free legal clinic and education.

How to Search for Divorce Records in Ohio

Divorce records include the names of spouses, the date and county of divorce, the case number, and the judge’s rulings on custody, property division, child support, and alimony. These records, in Ohio, are generally accessible to the public, although certain details may be redacted. The Clerk of Courts maintains divorce records in every Court of Common Pleas in the county where the divorce was finalized. People with an interest in the divorce records may access them through:

• Online Portal: Many county Clerk of Courts provide online databases where people may search for divorce records.
• The courthouse: Individuals may obtain certified copies of divorce decrees in person from the Clerk of Court’s office in their county for a fee.

Key Points

• Divorces in Ohio are commonly filed in the Court of Common Pleas (Domestic Relations Division) of the county where either spouse resides.
• One spouse must reside in Ohio for six months and in the county for 90 days before filing for divorce.
• Parents must attend parenting education programs in cases involving children.
• The public may obtain divorce records from their county clerk of courts online or in person.