First, Understand Dissolution vs. Divorce
Ohio offers two paths to end a marriage. In a dissolution, both spouses file a joint petition and attach a separation agreement resolving all property, spousal support, custody, and debt issues. In a divorce, one spouse files a complaint, and the court resolves any issue the spouses cannot settle themselves.
Residency Requirements
To file for divorce in Ohio, the filing spouse generally must have been a resident of Ohio for at least six months before filing, and a resident of the county where the case is filed for at least 90 days—or have met the six-month requirement while the other spouse has been a resident of that county for 90 days.
Grounds
The court can grant a divorce only upon a finding that statutory grounds exist. These can include incompatibility or living separate and apart without cohabitation for one year. A spouse filing a contested divorce must prove the grounds with testimony and a corroborating witness, or an admission by the other spouse.
Starting the Case
The case begins when the spouse seeking the divorce files a complaint in the domestic relations division of the county common pleas court. That spouse is the plaintiff; the other is the defendant. The defendant is served with the complaint and must file an answer, and may also file a counterclaim.
What if Children Are Involved?
The court may appoint a guardian ad litem (GAL) to represent the children's interests. A GAL—typically an attorney familiar with domestic-relations law—reports to the court and has significant influence on custody and parenting determinations. See our Child Custody & Support page for more.
Will There Be a Trial?
Many cases end in a negotiated settlement, which is often faster and less expensive than trial. If the parties cannot agree, the case goes to trial before a judge—Ohio does not permit jury trials in divorce cases—and the judge decides the remaining issues based on the evidence and the law.
The Major Issues
Most divorce cases resolve around: the grounds, parental rights and responsibilities (custody and support), spousal support, and the division of marital property and debts.
The information on this page is general in nature and is not legal advice. No attorney-client relationship is created by your use of this site. Please consult Pirnia Law Office about how Ohio law applies to your specific situation.