Ohio is an Equitable Distribution State

In Ohio divorce, property is divided in accordance with the doctrine of equitable distribution. This means that the court begins with a presumption of a 50/50 split, but then makes a decision based on fairness. The court will look at factors such as who was the primary earner in the marriage, the health and education of both parties, and the conduct of each spouse throughout the marriage.

The parties will each be responsible for filling out and signing a financial affidavit. This affidavit lists any assets and debts accrued throughout the marriage. It is extremely important that you fill out the affidavit honestly and accurately for your own divorce, because if you fail to do so, it is possible that you will face negative consequences when it comes time for the court to make any property decisions.

Ohio courts will either issue a court order outlining how the property is to be divided, or abide by the parties’ wishes by honoring a preexisting separation agreement or a newly drafted stipulation. The courts respect that this is your own divorce and will only intervene if necessary. If you opt for an online divorce with It’s Over Easy, they will draft an agreement on behalf of you and your spouse.

How Long Divorce Takes in Ohio

Ohio does not have a mandatory waiting period between the time of filing for divorce and when the court will issue a final decree. You are not required to undergo legal separation prior to divorce. However, there is one option on the list of state-sanctioned divorce grounds which does require that you and your spouse attest to living separately and apart for a year prior to filing for divorce. There does not need to be any formal legal separation agreement; rather the date that you and your spouse decided to part ways will be considered your legal separation date.

If speed is a priority for you, then you definitely will want to file for a dissolution of marriage, as a dissolution takes much less time than the traditional divorce process.

Ohio Grounds for Divorce

When you file for divorce, you will have the opportunity to designate the grounds for divorce in your divorce forms. If you would like to end your marriage but neither you nor your spouse wishes to accuse the other of any marital misconduct, then you are eligible for a no-fault divorce and can file for a “dissolution of marriage.” A “dissolution of marriage” requires fewer divorce papers, as it does not operate like a normal, adversarial civil lawsuit. If you do wish to accuse your spouse of wrongdoing, then it requires a different, more complicated set of divorce forms.

Ohio offers seven possible fault grounds to choose from when you file for divorce: adultery, fraudulent inducement to marry, extreme cruelty, gross neglect, habitual drunkenness, imprisonment, and willful absence for more than one year. If you choose to allege fault on the part of your spouse, you will be required to prove it in court as you would in any other civil case, which extends the duration of the divorce process significantly.

Ohio Child Custody

There are two kinds of child custody -- physical and legal. Physical custody deals with where the child is living and which parent is responsible for his or her day-to-day care. Legal custody deals with how important decisions are made for the child regarding topics like healthcare, religion, and education. Physical and legal custody do not have to be split up the same way; parents can choose an arrangement that works for their family, or else a judge will issue a custody order. Ohio courts make custody decisions on the basis of what is in the best interest of the child. If you and your spouse would like to share physical custody, then you will be required to submit a co-parenting plan to the court for approval.

Ohio Co-Parenting

For couples with kids, one of the most important aspects of negotiating your divorce agreement is developing a parenting plan. This plan will outline whether custody and parenting time will be shared equally or one parent will be the child’s primary caregiver. You can visit www.custodyexchange.com for examples of common co-parenting schedules.

Ohio Alimony

Alimony -- also known as spousal support or maintenance -- is money that the law requires one spouse to pay the other following the dissolution of their marriage. It is usually paid on a monthly basis, and it is completely separate from child support. New Jersey law provides for four different types of alimony, which are deemed appropriate depending on the duration and circumstances of the marriage and divorce: open durational alimony, limited duration alimony, rehabilitative alimony, and reimbursement alimony. In an uncontested divorce, the parties may negotiate alimony however they wish. Otherwise, the court will make a determination at their discretion, considering factors like each party’s need and ability to pay, the length of the marriage, each party’s earning capacity, and each party’s contribution to the marriage. Usually New Jersey courts will not take fault into consideration in making alimony decisions.

Ohio Residency Requirements

In order to get divorced in Ohio, at least one spouse must have resided in the state for at least six months prior to filing the petition with the county clerk. Residency is usually proven by sworn affidavit.

Ohio Filing Fee

In order to get divorced in Ohio, you will owe the court clerk a filing fee. This fee is not uniform throughout the state; it varies by county and by the nature of the particular case. Typically, the basic cost of filing is between $300 and $400, but more complicated divorce proceedings may include some add-on costs.

Ohio Spousal Support

Spousal support -- sometimes called alimony or maintenance -- is money that the law requires one spouse to pay the other following the dissolution of their marriage. Spousal support is usually paid on a monthly basis, and it is completely separate from child support. In Ohio, there is no set formula for spousal support. Instead, courts make decisions on a case-by-case basis, or the divorcing couple negotiates a deal on their own. The same goes for the duration of support. Usually, Ohio courts will impose support orders that expire after one third the length of the marriage, although for very long term marriages, sometimes spousal support orders are indefinite.

Ohio Child Support

Ohio calculates child support based on the income of both parents and how much time each parent has the child[ren] in their custody. If you do not wish to use Ohio’s child support formula, you and your spouse may negotiate child support on your own. However, child support is your child’s right, not one of your parental rights, so the court will step in to protect your child’s right to child support if the child support figure that you and your spouse come up with is unreasonable. Child support ends when the child reaches age 18 or graduates from high school, whichever happens later. 

Ohio Courts

• Court List

Ohio Divorce Articles

• Ten Steps in an Uncontested Divorce

• 48 Divorce Statistics

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Due to the public health emergency brought on by the COVID-19 virus, new social distancing protocols have been implemented through the state of Ohio. The imposed precautions range from mandatory face coverings to phone or Zoom hearings. Health and safety procedures vary by county, so visit your local court’s website for more information. If you opt for filing an online divorce with It's Over Easy, they will handle all of the divorce papers for you, your divorce will most likely be unaffected by COVID-19.