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What You Need to Know About Divorce in Ohio

What You Need to Know About Divorce in Ohio

If you and your spouse are considering a divorce in Ohio, it’s important to understand all aspects of the process involved, including your legal rights and obligations.

At the outset, the most important issue to address is your eligibility to obtain a divorce in Ohio. To file for divorce here, you or your spouse must be a state resident for at least six months. In addition, when filing your divorce complaint in a county court, you must have lived in that county for at least 90 days.

Once you determine that you meet the residency requirements, you can initiate the legal process, which requires you to cite your grounds for divorce. Ohio law allows for both fault and no-fault divorces depending on your circumstances:

  • A no-fault divorce is one in which both parties agree to the divorce on the basis of incompatibility, and living separate and apart without cohabitation for at least one year.
  • If one of the spouses objects to the divorce, this option is no longer available and at least one party must seek a fault-based divorce. The most common fault-based grounds include claiming extreme cruelty, adultery, fraud, gross neglect of duty, imprisonment of the other party.

You also need to obtain the proper forms to file for divorce. You obtain these through the Ohio state court’s website or from your lawyer’s office. The documents required include a Petition for Dissolution of Marriage or Complaint for Divorce, Financial Disclosure Affidavits and paperwork concerning any children you have. For assistance with this documentation and all other issues related to divorce in Dayton or elsewhere in the state, consult an experienced family law attorney.

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