What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Ohio Divorce Records
Divorce rates in Ohio have been declining over recent decades. In 1990, the state recorded 4.7 divorces per 1,000 residents, which decreased to 2.4 per 1,000 population by 2022. With 14.3%, Ross County has the highest divorce rate in the Buckeye State.
In Ohio, divorce records are maintained by the clerk of courts in the court of common pleas in each county.
The following are the primary types of divorce records in Ohio:
- Divorce Decree: The final court document that legally terminates a marriage. It includes detailed information about the terms of the divorce, such as property division, child custody, spousal support, and other court-ordered provisions
- Divorce Case Files: A divorce case file contains all documents and filings related to the divorce proceedings. This includes the initial petition, motions, evidence, and court rulings leading up to the final decree.
What Are the Residency Requirements for Divorce in Ohio?
Per Section 3105.62 of the Ohio Revised Code, one of the spouses in an action for divorce in Ohio must have resided in the state for a minimum of six months before filing the divorce petition.
What Are the Grounds for Divorce in Ohio?
Ohio allows persons filing for divorce to be granted one based on no-fault and fault-based grounds. According to Section 3105.01 of the Ohio Revised Code, divorce may be granted on the following grounds:
- At fault grounds
- Adultery
- Extreme cruelty
- Habitual drunkenness
- Bigamy, where one spouse was already married at the time of the current marriage
- Willful absence where one spouse has deliberately abandoned the other for at least one year
- A fraudulent contract, where the marriage was entered into based on misrepresentation or fraud
- Gross neglect of duty
- Incarceration of the other spouse at the time of the divorce filing
- No-fault grounds
- Living separately and apart without cohabitation for one year
- Incompatibility (unless one spouse denies the incompatibility claims). If filing for a divorce is based on incompatibility and the other party disagrees, Ohio requires the filing party to choose another acceptable ground for the divorce.
How Much Does It Cost to File for Divorce in Ohio?
Although filing fees range from $200 to $500, depending on the county and whether minor children are involved in the union, the overall cost involved in finalizing an uncontested divorce in Ohio is typically between $5,000 and $9,000. If the divorce is contested, the cost will be much higher, potentially rising up to $20,000 or more.
Other costs that may influence the total costs for completing the divorce process include:
- Attorney fees
- Mediation costs
- Process serving fees
- Expert witness fees
- Parenting class fee
- Court-ordered evaluations
- Temporary orders or motions
- Discovery costs
Compared to national averages, the average cost of finalizing a divorce in Ohio is higher than the national median cost of $7,000. The state's $9,350 average cost of finalizing a divorce is lower than the $11,400 and $14,3000 average costs required in neighboring Indiana and Pennsylvania, respectively.
How Long Is the Waiting Period for Divorce in Ohio?
There is no mandatory "cooling-off period" or formal waiting period for finalizing a divorce after filing in Ohio. A waiting period may be considered a statutory time frame that must elapse after filing for divorce before the court can finalize it, while a separation period refers to the period during which the spouses must live apart before filing or finalizing a divorce.
How To File for Divorce in Ohio?
You may file for divorce in Ohio by following these steps:
- Verify that you meet the requirements: After confirming that you meet the residency requirements, you must also ensure that you have lived in the county where you intend to submit your divorce paperwork for the past 90 days.
- Complete the relevant paperwork: It is recommended that you check with the clerk of the Court of Common Pleas where you intend to submit your petition for the relevant forms needed to complete your application. Generally, you will need a complaint for divorce, a statement of basic information, income, and expenses, a statement of property and debt, and a request for service.
- Pay Filing Fees: Filing fees vary by county. If you cannot afford the fees, submit Form 20: Civil Fee Waiver Affidavit and Order. Courts waive fees if your income is at or below 187.5% of the federal poverty limit or at the judge's discretion for higher incomes.
- Serve Your Spouse: Notify your spouse by having the court serve divorce papers via certified mail or personal service by the sheriff. If your spouse cannot be located or is avoiding service, seek court approval for alternative methods, such as publishing a notice in a newspaper.
- Negotiate a Settlement: If both parties agree on key issues (such as child custody, support, and asset division), the court may finalize the divorce based on the agreement. If no agreement is reached, the court may require mediation. Failing that, the case proceeds to trial for resolution in a contested divorce.
- Court Hearings: Uncontested cases may require a brief hearing to review and approve the settlement. However, contested cases involve multiple hearings to resolve disputes.
- Final Judgment: After court proceedings, the court issues a Decree of Divorce, finalizing the dissolution of marriage.
The Ohio Supreme Court provides helpful resources for persons looking to file divorce petitions in the state.
Are Divorce Records Public in Ohio?
Ohio divorce records are public records, meaning they may be accessed by the public. However, some details contained in the records may be restricted from public access to protect sensitive information. Restricted information generally covers information relating to minors, custody agreements, and financial information of the parties involved in the case.
How To Get Certified Copies of a Divorce Decree in Ohio?
Certified copies of Ohio divorce decrees may be obtained from the clerk of the court's office in the county where the proceeding occurred. You may need to provide valid identification (certified copies of divorce decrees are accessible to eligible persons such as the couples involved in the divorce and their representatives) and pay a fee for the production and certification of the decree.
Divorce Settlement: Is Ohio a 50/50 State?
Unlike in community property states, there is no guarantee that either party in a divorce will get 50% of the marital assets in a divorce in Ohio. Ohio is not a 50/50 state when it comes to marital asset division. The state follows equitable property distribution laws which means marital asset division is based on what the court considers fair in the specific circumstances of each case.
In a community property state, all marital assets and debts are shared equally between the spouses regardless of other factors. Examples of community property states per marital asset divisions are Nevada, Texas, and California. In the equitable property distribution process used in Ohio, the court considers certain factors in determining the equitable distribution of assets. These include:
- The duration of the marriage
- Any prenuptial or postnuptial agreements
- The liquidity of assets
- The contribution of each spouse to the marital assets
- The economic circumstances of each spouse at the time of division
- The liquidity of the assets and the tax consequences of dividing specific assets
- Custody arrangements
FAQs about the Divorce Process in Ohio
Here are answers to frequently asked questions about the divorce process in Ohio.
