Ohio divorce law basics

Prepared by The Center for Principled Family Advocacy

The rules for divorce in Ohio are found in Ohio Revised Code Title 31, especially chapter 3105. The person filing for divorce must be an Ohio resident for six months before filing.

Divorce and dissolution are distinct legal actions in Ohio. Dissolution is cooperative. You negotiate all matters relating to the end of marriage, then file for dissolution. Both spouses must appear at the dissolution hearing.

Divorce is adversarial. You file for divorce when you cannot reach agreement with your spouse on whether and how to end the marriage.

A person filing must have grounds for divorce. Ohio allows fault and no-fault grounds. The nine fault grounds are:

Adultery
Gross neglect
Extreme cruelty
Habitual drunkenness
Having a another wife or husband living at the time of the marriage (bigamy)
Willful absence for one year
Fraudulent contract
Imprisonment
Getting a divorce in another state

When one spouse files a divorce complaint and the other fails to respond within 42 days of legal notification, the matters becomes an uncontested divorce.

There are two no-fault grounds. The first is voluntarily living separate and apart without cohabitation for one year. The second is incompatibility not denied by either spouse.

Neither the property division nor spousal support (alimony) is changed by a finding of fault by the court. Parental rights are a different matter, as a fault might indicate a person is unfit for some or any child-rearing responsibilities.

Most people prefer no-fault divorce. There is no economic benefit to a divorce on fault grounds. No-fault is better for a family emotionally and financially compared to investing energy and assets on a court fight.

A couple’s interests are better served by resolving family disputes through mediation or negotiation with the help of professionals from the Center for Principled Family Advocacy.

This article is authored by a member of The Center for Principled Family Advocacy to offer general guidelines and advice for resolving divorce and custody issues. These are legally complex matters. Not all advice applies to every situation. Abuse, physical violence and addiction create special concerns. When in doubt, consult with an attorney or other professional who has domestic relations expertise and experience.

The Center for Principled Family Advocacy promotes alternatives to litigation in resolving marriage and parenting issues in Ohio. The Center provides information to those facing divorce and custody issues and trains attorneys and other professionals in arbitration, collaboration, mediation and other dispute resolution approaches. Contact The Center for permission to republish any of these articles on non-commercial websites. Publication must include the author's name and the following statement and link: "Reprinted with permission of www.ohio-divorce-advice.com."