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An overview of Ohio divorce laws

On Behalf of | Jul 21, 2023 | Divorce

Most Ohio couples go into marriage with the best intentions. Unfortunately, there’s no guarantee that every marriage will last forever. Before filing for divorce in this state, it’s wise to know what this process entails.

Who can divorce in Ohio

Under Ohio law, a person wanting a divorce must have been an Ohio resident for at least the past six months. Also, your estranged spouse must have spent at least 90 days as a resident of the Ohio county in which you’re seeking your divorce.

Choosing a reason to divorce

You’ll need to choose a reason why you want a divorce. Ohio allows someone to choose either a no-fault or at-fault divorce. A no-fault divorce can occur because of incompatibility or you and your spouse not living together for a year or longer.

Sometimes, things are more contentious between divorcing couples. In these cases, you might choose a fault-based divorce. Several common reasons for fault-based divorces in Ohio can include someone:

  • Failing to provide adequate financial support
  • Not being unfaithful
  • Being extremely cruel
  • Serving time in prison
  • Dealing with substance abuse

Dividing assets

Many married couples share homes, retirement accounts and other valuable assets. When these marriages legally end, it can leave everyone wondering who walks away with what. Since Ohio is an equitable distribution state, most assets acquired during a marriage are subject to a fair division in divorce. Key exemptions to this rule are if someone received assets as gifts or inheritances. These assets would not be subject to division.