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

1OH ST § 3105.03

2OH ST § 3105.01

3OH ST. § 3105.171