divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

filing  :: filing-by-state
Print
Email

Filing for Divorce in Ohio


Filing for Divorce in Ohio


Getting a Divorce in Ohio? Divorce Law Cheat Sheet for the State of Ohio


By DIVORCE360.COM STAFF

1. What are the residency requirements for filing for divorce in Ohio?  
You must have lived in the state for at least six months before filing, and you must file in the county in which you live.  

2. Does Ohio have a waiting period?       
The court may require you and your spouse to seek counseling within a period as long as 90 days; if you have children, the whole family may be ordered to take part in counseling for a period of time directed by the court.  


3. Does the state have grounds for divorce?  
Yes. You may file for divorce on these grounds in Ohio:

  • Your spouse had a husband or wife at the time of your marriage.
  • Your spouse has left you and has been gone for at least a year.
  • Your spouse had an affair (adultery).
  • Your spouse is extremely cruel.
  • Your spouse misrepresented something major before your marriage that would have significantly affected your decision to marry (fraudulent contract).
  • Your spouse fails to contribute toward basic necessities (gross neglect of duty).
  • Your spouse is habitually drunk.
  • Your spouse is in prison.
  • Your spouse sought a divorce outside the state of Ohio.
  • You and your spouse have lived apart for at least a year.
  • You and your spouse are incompatible.  
4. How does Ohio determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. The court will divide your property in whatever way it determines is equitable, or fair. This division of property only applies to your marital property; your separate property remains your own.  

The state of Ohio defines marital property as:

  • All property owned by either or both of you, including retirement benefits, that was acquired by either or both of you during your marriage.
  • Any interest in such property.
  • Any income from or appreciation of your separate property if it was a result of you or your spouse’s efforts or financial support during your marriage.
  • Any deferred compensation accounts (such as retirement plans) to which you or your spouse contributed during your marriage.  
Ohio defines separate property as:

  • Property that you acquired through an inheritance.
  • Property or interest in property that you acquired before you were married.
  • Income from and appreciation of your separate property that did not result from the efforts or financial support of you or your spouse during your marriage.
  • Any property or interest in property that you acquired after legally separating.
  • Any property that is excluded from marital property by a prenuptial agreement.
  • Any compensation that you received for a personal injury, except what you received for loss of earnings that would have been marital property or as compensation for such.
  • Expenses paid with marital assets.
  • Any property that you acquired as a gift during your marriage if it was clearly given only to you.  

Page: 1 2 3 Next>> Last


divorce New this week::

Transition Institute: Telling Your Spouse You want to Split - Mental Health: The Dos, Don'ts of Telling Your Spouse You Want a Divorce

 

Your Kid Wants To Live With Ex - Tips On How To Cope If Your Child Wants To Change Homes

 

Living with a Habitual Liar? - Relationships: Four Ways You Can Tell if Your Spouse is Telling You a Whopper

 

divorce Community::
popular blogs
Taking off the Cape...Super Mom Saga
Why do I keep coming back here?   It is a safe place to vent my frustrations so...read more 

#37 I think....
Somewhere along the line I lost track of court dates. I THINK #37 is coming up....read more 

Wife won't share cell phone or bank acct info
I need your advice. I discovered my wife of 23 years was cheating on me about 3...read more 

get/give answers
Separated husband moved into house and changed the locks. How do I get my things out?
For the past 4 years I have been separated from my husband. During that time no...Read Answers/share yours 

Can he Deny me communication with my small children?
My ex and I have been living in different states for 3 years now. My children...Read Answers/share yours 

Divorce support: Order No: 9031104849 for disabled 60 year old wife
I am a 60 year old woman disabled with Short Term Memory loss post brain...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 


expand information center
divorce360.com's ecards
ADVERTISING PARTNERS

Find divorce professionals in your area

Find lawyers
Find financial professionals
Find coaches
divorce focused content ::
divorce most popular ::
1. Eager To Check Those Texts?
Think your Spouse is Cheating? Professionals Can Check Text Messages

2. They Won't Leave? Now What?
You Want a Divorce, but Your Spouse Won’t Leave. Here’s How to Get 'em out

3. 8 Things No One Ever Tells You about Divorce
Number Three May Surprise You

4. Beginning Checklist: Planning to File for Divorce
12 Steps to Consider if You or Your Partner Have Decided to File for Divorce

5. The Signs Of A Controlling Spouse
If Your Spouse Is Doing This, They Are Controlling