Divorce in Ohio

Ohio is nicknamed the Buckeye State, but unfortunately, a significant number of marriages are cut short by separation or divorce.

To file for divorce in Ohio, you (the plaintiff/filing spouse) must have resided in the state for at least six months. It doesn’t matter where your marriage or cause of your divorce happened.¹

Ohio offers both fault and fault-based grounds for divorce. Fault-based grounds for divorce in Ohio include adultery, desertion for one year, alcohol addiction, cruelty, fraudulent contract, bigamy, gross neglect of duty, or imprisonment. The only no-fault grounds are separation of over one year and “incompatibility” that is agreed by both parties.²

Ohio is an equitable distribution property state, and only property acquired during the marriage is subject to division. This means Ohio divorce laws attempt to divide marital property in a manner believed to produce a fair and equitable result. The judge will also consider factors such as economic misconduct and non-monetary contributions, among other defined in Ohio law.³

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¹OH ST § 3105.03

²OH ST § 3105.01

³OH ST. § 3105.171