State Laws

Ohio Divorce


Ohio Divorce
The grounds for divorce and the current residency of those petitioning for divorce can be the difference between having a case dismissed and a case granted. Where individuals reside may not seem too much of an issue, but it in fact determines where a divorce should be filed.

Divorce cases are handled by federal law and each individual county. Because of this petitioners are required to submit their divorce petitions to the circuit court of their county of residence. Certain exceptions apply. If both individuals live in the same Ohio county then the divorce papers are to be filed in that county. If the individuals live in different Ohio counties then the petition can be submitted to either court and not just the county court of the petitioner.

In the instance where the petitioner does not reside in Ohio, he or she can still file for an Ohio divorce if his or her spouse still resides in Ohio. He or she will submit the divorce papers to the county of his or her spouse's residence.

To be eligible for an Ohio divorce, individuals must be Ohio residents for a minimum of six months prior to filing. These are the same laws for filing for annulment. Legal separation cases are handled through the Rules of Civil Procedure.

Ohio Grounds for Divorce
When individuals bring a divorce case to the court, they are required to state why they want a divorce. This is called the grounds for divorce and must be legal through Ohio laws.

Each state has different grounds for why a divorce is desired, and one state may allow a divorce under certain circumstances while another state does not. The spouses involved in the divorce will either come to a decision for why a divorce is sought or the petitioner will bring the case before the court and need to prove why a divorce should be granted.

The Ohio Court of Common Pleas allows divorces as designated into two different categories. The No Fault category cites no individual responsible for the wanting of divorce and includes incompatibility and the living at different residencies for a minimum of one year. In this case the separation can be initiated by one or both individuals and is a mutual agreement.

The court will also allow divorces on the grounds of Fault where one individual is responsible for wanting the divorce. This category includes the existence of a living marriage without divorce while the current marriage took place; adultery reasons; the willful separation from each other for a minimum of one year; habitual usage of narcotics or alcohol; duty negligence in a high degree; high cruelty; contract fraud; not fulfilling the duties of marriage while residing in another state and leaving the other spouse to tend to all the marital duties; and incarceration in a federal or state prison while the divorce is being sought.

Filing Papers
All the necessary papers, which can be up to twenty documents, are filed through the court clerk's office. Here they will be managed under the court hearing.

See also:
Ohio Felony
Ohio Gun Laws
Ohio Bankruptcy Laws
Stark County Jail Inmates External link (opens in new window)
Ohio Misdemeanors External link (opens in new window)
Ohio Expungement External link (opens in new window)