How Do I File for Divorce in Ohio?

If you're considering ending your marriage in Ohio, understanding your options upfront can save you time, money, and stress. Whether you're hoping for an amicable dissolution or preparing for a contested divorce, this guide walks you through Ohio's divorce laws and procedures. You'll learn what steps you need to take to get started, how to navigate the court system, and when you might benefit from professional legal help.

Residency Requirements for Divorce in Ohio

To file for divorce in Ohio, the spouse who files for divorce must have been a resident of the state for at least six months immediately before filing the complaint. (Ohio Rev. Code § 3105.03 (2025).)

To obtain a dissolution of marriage (the difference between a "dissolution of marriage" and a "divorce" is discussed below), one of the spouses must have been a resident of the state for at least six months immediately before filing the complaint. (Ohio Rev. Code § 3105.62 (2025).)

Contested vs. Uncontested Divorce in Ohio

There are two main categories of divorce: uncontested and contested. An uncontested divorce involves spouses who agree on all divorce-related matters, such as property division, child custody, and spousal support. A contested divorce, on the other hand, involves spouses who can't agree and must ask a judge to decide the issues in their divorce.

In Ohio, an uncontested divorce is called a "dissolution of marriage." Contested divorce is referred to simply as "divorce."

Ohio Dissolution of Marriage

To get a dissolution of marriage in Ohio, spouses must meet certain requirements. They must both sign the petition for dissolution of marriage, and include with the petition a proposed separation agreement for the court to incorporate into the final divorce decree. The separation agreement must address:

• division of all property and debt
• spousal support
• child custody and visitation (if there are minor children)
• the designation of a "residential parent" and "legal custodian" of the minor children, if any, and
• child support (if there are minor children).

(Ohio Rev. Code § 3105.63 (2025).) The court will hold a hearing on the petition for dissolution, and both spouses must attend.

Dissolutions are typically faster and less expensive than divorces because the spouses have already agreed on all the issues associated with ending their marriage.

Ohio dissolutions of marriage are usually finalized within 30 to 90 days after the spouses file the petition. (Ohio Rev. Code § 3105.64 (2025).)

For details about filing a Dissolution of Marriage in Ohio, check out Ohio Legal Help's website.

Ohio Divorce

If you and your spouse don't agree on all the issues in your marriage, you must file for divorce. Ohio law lays out 11 reasons (called "grounds") for divorce:

1. Either spouse had a husband or wife living at the time of the marriage.
2. The spouse who isn't filing for divorce left willingly for a year or more.
3. Adultery.
4. Extreme cruelty.
5. Fraudulent contract (meaning a spouse lied, hid information, or committed another fraudulent act to get the other spouse to marry).
6. Gross "neglect of duty."
7. Habitual drunkenness.
8. Imprisonment of the non-filing spouse in a state or federal correctional institution when the divorce is filed.
9. The other spouse divorced the filing spouse in another state.
10. The spouses have lived apart without cohabitation for a year.
11. Incompatibility (irreconcilable differences), but only when both spouses agree they can't get along.

(Ohio Rev. Code § 3105.01 (2025).)

When a spouse files for divorce based on one of the first nine grounds listed above, the divorce will be "fault-based." This means that the filing spouse will have to prove that the other spouse committed the bad act that ended the marriage.

The final two grounds—living separately for a year and incompatibility—are "no-fault" grounds for divorce. This means that the filing spouse doesn't have to prove that the other committed a bad act that caused the end of the marriage. However, if one spouse argues they are still compatible, the filing spouse must prove a different ground for divorce.

You may include multiple reasons in your divorce petition for ending the marriage, but you only have to prove one ground to the court. Including several grounds can provide a backup if you can't demonstrate one of them during the divorce proceedings..

Most people who file for divorce in Ohio list incompatibility as the reason their marriage is ending. If both spouses agree, it's the simplest way to proceed: No-fault divorces often resolve faster than fault-based divorces because the spouses don't have to argue about who was responsible for the end of the marriage.

Divorce proceedings in Ohio usually take longer than dissolutions—most divorces require at least four months to finalize, and particularly complicated cases may last up to two years. Divorces also tend to be more costly, since parties often need time to gather evidence to prove their claims and frequently hire attorneys to advocate for them in court. To get details about how to file a divorce in Ohio, visit Ohio Legal Help's website.

Filing for Divorce or Dissolution in Ohio

To file for a divorce in Ohio, bring your paperwork for filing to the Court of Common Pleas in the county where you have lived for the past 90 days. For a dissolution, you may file in the county where either you or your spouse has lived for that period of time, since you're both considered "plaintiffs." (Ohio Rules Civ. Proc., Rule 3(C)(9) (2025).) If both of you have moved recently, so that you don't meet the 90-day rule in any Ohio county, you and your spouse might be able to agree to file for a dissolution in any county, depending on local court practices. Check with the clerk of the court in the county where you want to file to see if this "consent to venue" is allowed locally.

It's also a good idea to check with the court clerk to confirm what forms you need to file. The forms will differ slightly for divorce and dissolution, and additional forms are required when you have children. At a minimum, you'll need to file a:

• Complaint for Divorce (or Complaint for Dissolution)
• Statement of Basic Information, Income, and Expenses
• Statement of Property and Debt, and
• Request for Service (not required in a dissolution)

If you're filing for dissolution, you will also need to file a separation agreement.

Filing Fees in Ohio

Like most legal proceedings, you must pay court filing fees to begin a divorce or dissolution of marriage. Every county in Ohio has different filing fees; contact the clerk of the court where you will be filing for more information. As of 2025, the filing fee for divorce and dissolution in most counties is between $300 and $475.

If you can't afford to pay the filing fees, you can ask the court to waive the fees. If your income is at or below 187.5% of the federal poverty limit, the court must waive your fees. If you don't qualify for this mandatory waiver, you can still apply for a waiver—it will be up to the judge to decide whether to grant your request. (Ohio Rev. Code § 2323.311 (2025).) Use Form 20: Civil Fee Waiver Affidavit and Order to request a waiver.

Serving Your Spouse in Ohio

Once you file the divorce paperwork, you will need to provide notice to your spouse. (You will not have to send your spouse notice of a dissolution of marriage, because both spouses sign and file the petition.) In Ohio, you can ask the court to serve the paperwork when you file the petition. In most cases, you'll have the option of serving your spouse by certified mail (return receipt requested) or by personal service by the sheriff. Most people choose certified mail because it is less expensive.

You'll need to follow up with the clerk to confirm that your spouse was served successfully. If you're not able to serve your spouse—perhaps because you don't know where your spouse is or your spouse is evading service—you can request permission from the court to serve your spouse in another way. A common alternative method of service is "by publication." Usually, this means that the court will allow you to publish notice of the divorce in a newspaper.

Getting Help Filing Your Ohio Divorce

If you'd like to DIY your divorce, many of the forms you'll need are available on the Supreme Court of Ohio's website, or you can use Ohio Legal Help's form assistant to fill out the forms online.

If you're working with an attorney, your attorney will assess your situation and fill out, file, and serve all the necessary forms.

Many divorcing couples can't afford to hire attorneys to handle their entire case from start to finish, but would still benefit from targeted advice on particular aspects of the case. If this describes your situation, you might want to try using an online divorce service or find a limited-scope attorney (also called an "unbundled attorney") who will handle only the clearly defined parts of your case where professional legal help is most needed while you handle the rest. Low-income individuals might qualify for reduced-fee or free legal aid.