Ohio Divorce FAQs: Filing, Cost, Property, and More
If you’re considering a divorce in Ohio, you’re likely feeling overwhelmed—and full of questions. That’s completely normal. If you’re beginning to explore your options, or if you’re ready to move forward, understanding the legal process can bring clarity during an emotionally charged time.
In this guide, we’ll address the questions that actual clients regularly have about how to file for divorce in Ohio. Common questions include, “How long does it take?” and “Who gets what when it comes to property (such as your house)?” Let’s go over the facts so that you may proceed with confidence.
How to Get a Divorce in Ohio
Meeting Ohio’s residency requirement is the first step in initiating a divorce; at least one spouse must have resided in Ohio for at least six months before filing for divorce.
The next step is to submit a Complaint for Divorce to your county’s Domestic Relations Court. The spouse who files the divorce is identified as the “plaintiff,” and the other spouse is identified as the “defendant.” Once the paperwork is submitted, the court may issue temporary orders addressing immediate concerns like child custody or support, or possession of property while the case is ongoing.
The legal process can feel overwhelming, but having the right support can make all the difference. Working with a divorce lawyer like Jay Perez Law in Colombus, Ohio, can provide expert solutions, making the process easier and stress-free.
# FAQs About Divorce in Ohio
Below are some of the most common questions clients ask when navigating the divorce process in Ohio. Knowing the answers can help you make informed decisions.
1. Can You File for Divorce Online in Ohio?
You can start the divorce process in many Ohio counties by downloading forms online. However, you usually need to file the paperwork in person or through your divorce attorney. Some courts may allow electronic filing, but it depends on the county.
If you’re unsure where to start, speaking with a family law attorney can save you time, money, and stress. Completing your divorce without the guidance of an experienced attorney is not advised.
2. Is Ohio a No-Fault Divorce State?
Yes—Ohio is a no-fault divorce state, but the state also allows for fault-based grounds. You don’t need to establish misconduct in a no-fault divorce. You can simply mention “incompatibility” or the fact that you haven’t lived together for a year or more.
Here are some of the most common reasons for divorce in Ohio:
- Adultery
- Extreme cruelty
- Habitual drunkenness
- Abandonment
- Imprisonment
Depending on your case, proving fault could impact decisions around child custody or spousal support.
3. How Much Does a Divorce Cost in Ohio?
If you’re wondering how much a divorce is in Ohio, the answer depends on your specific circumstances—but getting legal advice early on can help you avoid expensive mistakes. While contentious cases, particularly those involving property or custody challenges, can cost much more, uncontested divorces are typically less expensive.
Time is also a factor. How long does a divorce take in Ohio? That depends on whether both parties agree on the terms:
- How long does an uncontested divorce take in Ohio? Uncontested divorces may be finalized in as little as 45–90 days.
- Contested divorces can stretch from several months to over a year.
4. Can You Get Divorced While Pregnant in Ohio?
If you’re pregnant and contemplating divorce in Ohio, the answer is yes, you absolutely can get a divorce. However, it’s important to understand that the divorce proceedings may be postponed until after your child is born. This delay typically occurs because the court prefers to wait before making significant decisions regarding parenting time, child support, and custody arrangements.
We at Jay Perez Law understand that navigating this situation can feel daunting, which is why it’s essential to consult with a knowledgeable, empathetic attorney who can help you understand your rights and clarify the timeline you can expect during this complex process. Having dedicated legal support can truly make a world of difference. Don’t hesitate to reach out—you’re not alone in this journey.
5. Who Gets the House in Ohio Divorces?
The answer depends on how the home was acquired, who contributed financially, and what’s considered fair—not just equal.
If the property was purchased during the marriage, it’s typically considered marital property. In that case, the court may award the home to one spouse or order it sold with the proceeds split between both parties.
But is Ohio a 50/50 divorce state? No. Ohio follows an equitable distribution model. That means marital assets, including the house, are divided based on what the court considers fair—not necessarily 50/50.
So, who gets the house in a divorce in Ohio depends on various factors, such as whether you have children, what your income is, and who contributed to mortgage payments. The court looks at the whole picture to make a fair (but not always equal) decision.
6. Does It Matter Who Files for Divorce First in Ohio?
Legally, it doesn’t make a significant difference who files for divorce first in Ohio, but there can be slight strategic advantages:
- The filing party gets to present their case first in court
- You may choose the jurisdiction (if spouses live in different counties)
Still, the final outcome depends more on the facts of your case than on who filed first.
7. What Are the Types of Divorce in Ohio?
There are two main ways to end a marriage in Ohio:
- Divorce: A contested process where a judge makes decisions on property, custody, and support.
- Dissolution: An uncontested process where both parties agree on all terms before filing.
8. Who Gets Spousal Support in Ohio Divorces?
Ohio courts may award spousal support based on several factors, including:
- Income and earning ability
- Length of the marriage
- Standard of living
- Education and training needs
Spousal support may be temporary or long-term, depending on the circumstances. The best idea is to speak with an attorney to understand what might apply in your case.
Are You Ready to Get Answers to Your Questions About Ohio Divorces?
If you’re still wondering how to get a divorce in Ohio or need help navigating the next steps, you’re not alone. Every case is different, and having the right legal guidance can make all the difference.
At Jay Perez Law, we help clients across Ohio protect their rights, their children, and their peace of mind during one of life’s most difficult transitions. Contact us today! Our team is here to answer your most pressing Ohio divorce law questions—clearly and compassionately.