Divorce in Ohio: Laws, Requirements, and Process
A complete guide to getting a divorce in Ohio. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state and 90 days in the county.
- Waiting period: 30 days from service (for dissolution) or 42 days from service (for divorce).
- Filing fee: $200 - $350.
Grounds for Divorce
Ohio allows no-fault divorce. The no-fault ground is: Incompatibility (or living separate and apart for 1 year).
Fault-Based Grounds
Ohio also recognizes these fault-based grounds for divorce:
- Bigamy
- Willful absence for one year
- Adultery
- Extreme cruelty
- Fraudulent contract
- Gross neglect of duty
- Habitual drunkenness
- Imprisonment at the time of filing
- Out-of-state divorce that releases the other party from marital obligations
Residency Requirements
6 months in the state and 90 days in the county.
Property Division
Ohio is an equitable distribution state. Ohio follows equitable distribution. Courts divide marital property fairly based on the duration of the marriage, the assets and liabilities of each spouse, the liquidity of the property to be distributed, the economic desirability of retaining intact an asset or interest, the tax consequences, and each party's retirement benefits.
Alimony / Spousal Support
Ohio courts may award spousal support based on the income of each party, the relative earning abilities, the ages and health of the parties, the retirement benefits of each party, the duration of the marriage, the standard of living during the marriage, and any other relevant factor.
Child Custody
Ohio courts determine custody based on the best interest of the child. Factors include the wishes of the child and parents, the child's interaction with parents and siblings, the child's adjustment to home and school, the mental and physical health of all parties, and whether either parent has been convicted of or pleaded guilty to certain offenses.
Child Support
Ohio uses the income shares model. Child support guidelines consider both parents' combined gross incomes, the number of children, health insurance costs, childcare expenses, and the parenting time schedule.
Filing Fee
The filing fee for divorce in Ohio is $200 - $350. Fee waivers may be available for those who cannot afford to pay.
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Ohio?
Ohio allows no-fault divorce based on incompatibility or living apart for 1 year. Ohio also offers dissolution (a cooperative process). Fault-based grounds include adultery, extreme cruelty, bigamy, drunkenness, gross neglect, and others.
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How long do you have to live in Ohio to file for divorce?
At least one spouse must have been a resident of Ohio for at least 6 months and a resident of the county for at least 90 days before filing for divorce.
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How is property divided in an Ohio divorce?
Ohio uses equitable distribution. Courts divide marital property fairly based on the length of the marriage, each party's assets and liabilities, tax consequences, and other statutory factors.
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How long does a divorce take in Ohio?
Ohio has a minimum 30-day waiting period for dissolutions and 42 days for divorce actions from service. Uncontested dissolutions can be finalized in approximately 1 to 3 months. Contested divorces may take 6 months to over a year.