Ohio Divorce Laws

Nowadays, although you are not a lawyer, you should be aware of legal technicalities, especially while planning a crucial court procedure. According to the latest research, almost 58% of marriages in Ohio end in divorce. It seems that Ohio laws for divorce are the most frequent law-related online searches in the state. So, let’s sort out how this all is done and which rules are significant within the judicial system.

How divorce laws in Ohio create three types of separation

American states vary a lot when it comes to trial procedures for divorce. Historically, Ohio laws for divorce offer three ways of finalizing a marriage, and which is suitable for a couple is decided according to the specifics of each case. So, here are the options:

A dissolution, in other words, is an uncontested divorce. In other states, it is a synonym for divorce. However, Ohio state divorce laws state that it is a process that may take place if there is no fault-based reason for divorce and both parties agree on all the issues, creating a joint petition. If these requirements are met, the procedure will be finished in a very short time (in some cases one month).

A divorce takes place on different grounds and means that the partners are still holding their positions and can’t create a mutual plan. In this case, one of the partners, called the plaintiff, files a complaint and the second, considered the defendant, gets appropriate notice.

An annulment may be announced by Ohio divorce law if the marriage is considered invalid for some reason. The basis for receiving an annulment may be: the marriage wasn’t consummated, one or both parties were forced to it, a previous marriage is still valid, etc. The special feature of this type is that the law considers the marriage to have never existed.

Sometimes, our support team gets the question: “What is the best way to terminate my marriage?” We always answer that there is no perfect way. The best method depends on what you wish and which aspects your case relies on.

Grounds for divorce in Ohio

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According to the state’s laws, a couple should provide their reasons for divorce in Ohio. The marriage is considered to be a serious decision, as is divorce.

Ohio grounds for divorce may be both fault-based and no-fault, the same as in most states. However, these two types have essential differences that influence the speed and particulars of the further process.

For your better understanding of all the vital aspects, the following table describes the state of Ohio divorce laws concerning this topic:

Types Grounds Additional Facts
No-fault divorce or dissolution
  • Willful separation (when both parties agreed about it) for one year or more.
  • Irreconcilable differences.
  • Incompatibility.
  • If you agree on all issues, you can sign a joint petition and apply for dissolution.
  • If your spouse doesn’t agree with you, you can file for the divorce process in Ohio. In this event, you are obliged to send the respondent a “notice” after filing.
Fault-based divorce
  • When one of the spouses voluntarily abandoned the other for a year.
  • One of the spouses has another legal marriage and the partner is still alive.
  • Alcohol or drug addiction.
  • One of the partners had sexual contact with another person.
  • Cruelty and abuse.
  • Conviction of crime and imprisonment.
  • Other.
Here dissolution is out of the question. Only the divorce form is provided.

According to divorce law in Ohio, in reference to the first type, you should live apart for a period of at least one year even if your request is based on “differences” or “incompatibility”. After this time has passed, you can end your marriage. In the second case, if a fault-based reason is provided, you don’t have to wait for a year to file. Note: Divorce laws in Ohio emphasize the fact that the no-fault process doesn’t necessarily mean an uncontested case, as the partners may not find a mutual understanding about the issues. However in this case, neither spouse is at fault.

Ohio divorce process

Grounds and separation type are not the only issues you have to figure out. We’ve created this short list of instructions, which may save you time:

  1. Check the residency requirements. This divorce law in Ohio doesn’t differ a lot from the same requirements in other states. One of you must have lived in the state for six months and in the chosen county for three months.
  2. Discuss all the details, including child custody, property division, alimony, etc., proposed by Ohio laws on divorce, with your husband or wife. Try to find a consensus.
  3. Choose the ground for divorce. We hope you will be lucky enough to have a dissolution case.
  4. Fill out the questionnaire on our site and provide the required data, and get the prepared forms suitable for Ohio divorce procedures created by our experts.
  5. File the joint petition or the complaint, depending on your case, with the court. Don’t forget to include the full set of documents created on our site.
  6. Wait. If you are applying for dissolution, based on common law divorce in Ohio, you will need to wait 30 to 90 days for your case to be finalized, while difficult contested procedures sometimes take a year or more. Keep patient and take particular care of your emotional well-being.

If you want to file for uncontested divorce in Ohio, don't hesitate to use our service. We will take care of the details regarding divorce in Ohio laws, and help you complete the appropriate papers. Just fill out our online questionnaire and get all the needed documents in less than an hour.

States divorce law