Divorce in Ohio

How to file for divorce in Ohio

1. Check residency. 6 months in Ohio and 90 days in the filing county immediately before filing (for divorce).
2. Check any separation requirement. One year of living apart without cohabitation is an available no-fault ground, though not required if another ground applies.
3. Prepare and file the Complaint for Divorce (adversarial) or Petition for Dissolution (cooperative) with the Court of Common Pleas, Domestic Relations Division in your county. The filing fee is typically $250 to $400, and you can ask for a fee waiver if you cannot afford it.
4. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
5. Exchange financial disclosures. A mandatory Affidavit of Financial Disclosure covering income, expenses, assets, and debts must be exchanged by both spouses.
6. Settle the issues in a written agreement, and a parenting plan if you have children.
7. Wait out the waiting period. No mandatory waiting period for divorce, but a minimum of 42 days from service to final hearing applies and cannot be waived; dissolution requires a final hearing within 30 to 90 days of filing. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months in Ohio and 90 days in the filing county immediately before filing (for divorce).

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: One year of living apart without cohabitation is an available no-fault ground, though not required if another ground applies.

How property is divided

Ohio uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Ohio uses the terms allocation of parental rights and responsibilities. Every decision is made in the child's best interests.

Parenting class: Required statewide for all cases involving minor children, typically $25 to $50 per parent.

Child support: Ohio uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

There is no formula for spousal support; courts weigh 14 statutory factors, and whether the award is modifiable later depends on the language of the decree.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Dissolution of Marriage: Available when both spouses fully agree on all terms (property, support, and custody) and file a joint petition; it is the fastest path, typically 30 to 90 days.

Legal separation: available in Ohio, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: no mandatory waiting period for divorce, but a minimum of 42 days from service to final hearing applies and cannot be waived; dissolution requires a final hearing within 30 to 90 days of filing. A typical timeline is 60 to 120 days from filing for divorce; 30 to 90 days for dissolution. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Ohio

• Ohio offers two separate legal paths to end a marriage: adversarial divorce and cooperative dissolution, each with its own petition.
• A mandatory $32 statewide domestic violence shelter surcharge and a $5.50 decree-entry fee are added on top of the base filing fee.
• Courts start from an equal split of marital property but can deviate if that would be inequitable.

Official resources

Official forms and instructions come from Ohio's courts. Sources we reviewed:

• supremecourt.ohio.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.