How to File for Divorce in Ohio

The person filing for divorce or annulment must have lived in Ohio for at least six months immediately before filing. For a dissolution (the joint, agreed procedure), one of the spouses must have lived in Ohio for at least six months before filing. The case is filed in the proper county under the Ohio Rules of Civil Procedure.

Filing fees are charged by the county court of common pleas where the case is filed; the Supreme Court of Ohio forms page does not list a statewide amount. The Supreme Court's standardized forms include a Civil Fee Waiver Affidavit and Order for people asking to file without paying the fee.

Dissolution of marriage is Ohio's agreed procedure. Both spouses sign the petition and attach a separation agreement that covers all property, spousal support and, if there are minor children, parenting, child support and parenting time. Both spouses appear in court 30 to 90 days after filing and confirm under oath that they agreed voluntarily. If either spouse is not satisfied, the court dismisses the petition unless it is converted to a divorce.

A divorce cannot be heard and decided until 42 days after the other spouse is served (or 28 days after the last publication of notice). In a dissolution, both spouses must appear in court no less than 30 and no more than 90 days after the petition is filed.

The Supreme Court of Ohio publishes standardized domestic relations forms for use statewide. For divorce: Complaint for Divorce without Children (Form 6) or with Children (Form 7), Counterclaim (Forms 8-9), Answer (Forms 10-11), Reply to Counterclaim (Forms 12-13), and Judgment Entry - Decree of Divorce without Children (Form 14) or with Children (Form 15). For dissolution: Petition for Dissolution of Marriage and Waiver of Service of Summons (Form 17), Judgment Entry - Decree of Dissolution of Marriage (Form 18) and Separation Agreement (Form 19), with a Shared Parenting Plan (Form 20) or Parenting Plan (Form 21) when there are children. Financial and other affidavits (Affidavits 1-5) are also listed. The forms are filed in the local county court, which may require additional local forms.