Residency Requirements:
In order to file for divorce or dissolution of marriage in Ohio,
the filing spouse must have been a resident of Ohio for at least 6
months and a resident of the county for at least 90 days immediately
before to filing. [Ohio Revised Code Annotated; Section 3105.03 and
Ohio Rules of Civil Procedure; Rule 3].
Legal Separation:
The grounds for legal separation are
1) adultery;
2) imprisonment;
3) willful desertion for 1 year;
4) cruel and inhuman treatment;
5) bigamy;
6) drunkenness;
7) fraud;
8) neglect;
9) incompatibility;
10) living separate and apart without cohabitation and without
interruption for 1 year. [Ohio Revised Code Annotated;
Sections 3105.01 and 3105.17].
General Divorce Procedure:
Both spouses may jointly file the petition for dissolution of marriage,
which contains signatures of both spouses and an attached settlement
agreement with provisions for (a) property division; (b) spousal
support; and (c) provisions for custody, visitation and child support,
if there are minor children. Both spouses must then appear in court
between 30 and 90 days after filing to testify that they signed the
agreement voluntarily, are satisfied with the agreement, and seek a
dissolution of marriage. [Ohio Revised Code Annotated; Sections
3105.03, 3105.10, and 3105.61-65 and Ohio Rules of Civil Procedure;
Appendix of Forms].
Where to file for divorce:
File the petition for dissolution in the county of the filing spouse.
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Grounds for Ohio Divorce:
No-fault:
Ohio’s no-fault grounds for divorce are:
1) incompatibility (unless contested by the
other spouse);
2) living separate and apart without
interruption for one year.
Fault-based:
Ohio’s fault-based grounds include:
1) adultery;
2) imprisonment;
3) fraud;
4) willful desertion for one year;
5) cruel and inhuman treatment;
6) drunkenness;
7) neglect;
8) bigamy.
When a final divorce decree has been obtained outside of the
state of Ohio that does not release the other spouse from
the obligations of the marriage inside the state of Ohio.
[Ohio Revised Code Annotated; Section 3105.01].
Mediation or Counseling:
Either at the request of one of the spouses, or at the court’s
initiative, the court may order a 90-day counseling period. In
addition, the court may order mediation when there are child
custody and visitation issues in dispute. [Ohio Revised Code
Annotated; Sections 3105.091 and 3117.01].
Title of Divorce action:
No-fault: Petition for Dissolution of Marriage;
Fault-based: Complaint for Divorce.
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