How Do I File For Divorce In Ohio?

A listing of the Clerk of Courts and the Domestic Relations Courts for the various Counties in Ohio and links to their websites are included in this website.  Court costs will vary from County to County and whether there are minor children.

RESIDENCY IN OHIO:  You or your spouse must be a resident of the State of Ohio for six months prior to the filing of an Ohio Petition for Dissolution of Marriage or prior to the filing of a Complaint for Divorce.  Residency in a county should be for at least 90 days but two parties can mutually consent to the case being heard in another county.  For those individuals who have resided less than 6 months in Ohio, divorce papers can be prepared but they cannot be filed prior to the six month residency requirement.

Attorney Ruskan will prepare the appropriate divorce forms for filing either an Ohio Petition for Dissolution of Marriage or a Complaint for Divorce (which will be an uncontested divorce when your spouse signs the appropriate papers).

In an Ohio Dissolution of Marriage proceeding, the following are required:

The Petition for Dissolution of Marriage.  It sets forth: the name and addresses of the parties; the date and place of the marriage; the names and dates of birth of any minor children of the parties and whether the wife is now pregnant; that a party has lived in the State of Ohio for more than six months prior to the filing of the petition; that there has been residency in the County for 90 days or that the parties have agreed to the case being heard in that County; that the parties wish to have their marriage dissolved; and that the parties wish to have the Court adopt the Separation Agreement of the parties as the terms of the divorce.

Waivers of Service of Summons.  (The Clerk of Courts does not have to serve the parties with formal notice and copies of the divorce papers.)

The Separation Agreement setting forth the terms of the divorce (including all property, assets and debts of the parties).

Some courts require the filing of an Affidavit of Income, Assets and Liabilities

For the final divorce hearing-- Judgment Entry for Dissolution of Marriage.


Where there are minor children the following additional documents are needed:

    The Parenting Plan (Companionship Schedule); or a Shared Parenting Plan if shared parenting is preferred rather than custody to one parent.

    The Ohio Child Support Computation Worksheet that sets forth the income of the parties, the number of children and the amount of child support if any.

   
The Medical and Child Support Form of the Court which sets forth the standard requirements of the Court for child support and medical coverage.

   
The UCCJA Affidavit as to the residency of the children for the past five years.

II. In an Uncontested Divorce in Ohio:

The Complaint for Divorce.  It sets forth: the name and addresses of the parties (the party filing for the divorce being the Plaintiff and the spouse being the Defendant); the date and place of the marriage; the names and dates of birth of any minor children of the parties and whether the wife is now pregnant; that a party has lived in the State of Ohio for more than six months prior to the filing of the complaint; that there has been residency in the County for 90 days or that the parties have agreed to the case being heard in that County; that the Plaintiff is seeking a divorce, usually upon the basis of incompatibility or living separate from their spouse for more than one year (or other grounds such as gross neglect of duty and extreme cruelty- which are normally not used in uncontested divorces); and what the Plaintiff is seeking—for example a reasonable division of the marital property, custody, child support, spousal support etc.

 A Waiver to be signed by the Defendant acknowledging receipt of the divorce papers and consenting to the matter being set for final uncontested divorce.

           The Separation Agreement setting forth the terms of the divorce (including all property, assets and debts of the parties).

Some courts require the filing of an Affidavit of Income, Assets and Liabilities.

For the final divorce hearing--  Judgment Entry: Decree of Divorce.


If there are minor children there will also have to be a Parenting Plan, a Ohio Child Support Computation Worksheet, a Medical and Child Support Form, and a UCCJA Affidavit as there is in the Dissolution of Marriage.