Getting a divorce
Learn what you need to know to get divorced in Ohio, including how to start the paperwork and important issues to think about.
To get divorced in Ohio, you must file paperwork in court and then go through the divorce hearing process.
The whole divorce process takes at least 4 months and could take up to 2 years when there are children involved. This page will help you find the forms you need to get the process started. Learn more about the process for a divorce in Ohio.
Divorce isn’t the only way to end your marriage. Dissolution is an option for couples who can agree about everything. Learn more about the differences between divorce and dissolution.
If you’re in an abusive relationship, think through the best way to keep yourself safe while filing. Find a lawyer to help you. Find organizations that can connect you with a lawyer or other legal help on this page under “Legal Help and Lawyers.” If you cannot afford a lawyer, you may be able to get help from your local legal aid.
Learn more about divorce and domestic violence and how to keep you and your children safe.
Who can file for divorce in Ohio?
To file, you must meet the following requirements:
- You or your spouse must have lived in Ohio for at least 6 months.
- You or your spouse must have lived in the county where you are filing for at least 90 days. Learn more about deciding what county to file in.
If you or your spouse are pregnant, you can't finalize the divorce until the baby is born.
You do not have to be legally separated before getting divorced in Ohio.
What should you do before you file?
Before you file, you need to gather information and make some decisions.
- Decide if you need a lawyer. A lawyer can help make decisions, file the paperwork and speak for you in court. In some cases it might be particularly important to get a lawyer. For example, if there is domestic violence, or if you're not a U.S. citizen.
- Gather and understand your financials. You will need details on your incomes, debts and assets. Read this overview of the financial information you will need. You will have to swear that all your financial information is true, so make sure it is complete and correct.
- Consider your short-term needs. A divorce can take several months to over a year. You can ask for "temporary orders" to make sure you have what you need in the meantime. Temporary orders can include custody, visitation, child support, spousal support, property division or debt payments.
- Decide on the “grounds” (or reason) for divorce. Most people use “incompatibility,” but there may be reasons to use others.
How to complete, file and serve the paperwork
To fill out the divorce forms online, go to:
Once your forms are complete, do not sign them yet. Take them to a notary and sign the forms in front of them. Make copies of the notarized forms, and take them to the clerk of court's office at your local domestic relations court. Ask the clerk to file the forms. The clerk may be able to help you make sure your paperwork is complete. They will not be able to help you with the information in the forms.
If you have a low income and can’t afford the filing fee, you can add the Poverty Affidavit Form to your packet. This form asks the court to let you file your case without paying the fee upfront. However, you may still need to pay the fee at the end of the case.
The court has to tell your spouse that you have filed for divorce. This is called “serving” divorce papers. One of the forms that you will have to fill out asks you how you want the forms to be served. Most people ask the court to mail the papers via certified mail. You will need to check back with the court to make sure that your spouse got the papers. Learn more about “serving” divorce papers.
What happens after you file for divorce?
After you file, your spouse will have time to respond. Your spouse’s response is called an "answer" to your complaint for divorce. You both may have to participate in hearings to discuss the terms of the divorce. If your spouse does not file an answer, you may be able to finalize your divorce more quickly. The divorce is not final until a judge has signed off on the final divorce decree. Read about the full divorce timeline in Ohio.