Divorce in Ohio can be a long process. Here’s how to file for divorce in Ohio.
Spouses can file for divorce in Ohio upon proving grounds for divorce to the court. The court can grant a fault or no-fault divorce if spouses file the correct divorce forms. If spouses disagree, they must attend a court hearing so the judge can determine the divorce terms.
Ohio Divorce Laws
Ohio recognizes fault and no-fault divorces. Both spouses must prove they are incompatible to receive a no-fault divorce in Ohio. Judges in Ohio may also recognize no-fault divorce if spouses live separately for at least one year.
Related: Ohio Divorce Laws
Ohio judges can grant a fault divorce if spouses prove certain grounds. Fault divorces occur when a party proves to the court their spouse is at fault and caused the marriage to break down.
Grounds for divorce in Ohio:
- Abandonment for at least one year
- Adultery
- Imprisonment
- Physical, mental, or substance abuse
- A spouse’s marriage to someone else while entering this marriage
- Gross neglect of duty
- Fraudulent contract
The court can finalize a divorce once a party provides proof of ground for divorce. The filing party must provide examples and dates of when their spouse’s actions took place. The filing party should handwrite each instance as it occurs to prove their spouse’s fault to the court and suggest the marriage’s termination.
Ohio Divorce Forms
If a spouse seeks an Ohio divorce, either spouse can complete the following forms online. A spouse can complete a form depending on their desired divorce type. A party can file divorce forms online or bring printed copies to the local courthouse. Depending on the county, a party may pay a filing fee ranging from $300-$400.
How to File for Divorce in Ohio
Follow these steps when filing for divorce in Ohio:
1. Determine the grounds for divorce.
Ohio courts grant fault and no-fault divorces. The filing party must decide what type of divorce you seek. The filing party can decide based on the marriage’s terms and the spouse’s financial preferences. The filing party must prove the grounds for the divorce to the court.
2. File divorce forms.
After a spouse determines the divorce grounds and desired divorce type, they must file forms to the court. The filing party can file the forms online or in person at the courthouse.
3. Serve the divorce forms.
If a spouse files divorce forms, they must serve their spouse. The filing party must give their spouse notice of service. If the filing party feels uncomfortable serving their spouse personally, they can request a court official to serve their spouse in person or by mail.
4. Attend a court hearing if applicable.
If spouses disagree on the divorce terms, they may attend a court hearing. The filing party must attend a hearing if their spouse contests the divorce forms or does not respond to the forms on time.
5. Finalize your divorce.
In Ohio, a judge can grant a divorce if spouses complete the divorce forms and prove grounds for the divorce. If spouses disagree, a judge will determine the divorce terms based on both spouses’ and lawyers’ statements in court.
FAQs About Filing for Divorce in Ohio
Related: Ohio Divorce FAQs
What if my spouse and I married out of state, but we currently live in Ohio?
Spouses can divorce in Ohio if they are residents for at least six months, even if they are married in a different state.
How long does the divorce process take in Ohio?
An Ohio court may take up to 90 days from the day you file to when the court finalizes your divorce.
Can I get alimony after a divorce in Ohio?
Ohio calls alimony spousal support. Either spouse can request temporary or permanent spousal support through the court if they require financial support after divorce.
Contact Us
If you or a loved one would like to know more about how to file for divorce in Ohio, get your free consultation with one of our divorce attorneys today!
