Ohio Divorce Filing Checklist 2025

Ohio divorce filing requires meeting a 6-month state residency requirement and a 90-day county residency requirement before you can file with the Court of Common Pleas. This comprehensive checklist covers everything you need for filing for divorce in Ohio: residency rules under R.C. 3105.03, the unique dissolution option (30-90 day agreement-first path), required UDR forms, and county-specific filing fees ranging from $200 to $420. Whether you're considering dissolution or traditional divorce, this guide provides a clear roadmap for 2025.

Ohio Divorce Residency Requirements

Before you can file for divorce in Ohio, you must meet specific residency requirements under Ohio Revised Code 3105.03. The spouse filing the complaint must have been an Ohio resident for at least 6 months immediately before filing.

Additionally, proper venue requires that you file in the Court of Common Pleas in the county where you have been a resident for at least 90 days immediately before filing. This 90-day county requirement is set forth in Ohio Civil Rule 3(C)(9). Only one spouse needs to meet these residency requirements—not both.

Dissolution vs. Divorce in Ohio

Ohio offers two distinct paths to end a marriage: dissolution and divorce. Understanding the difference is critical when deciding how to proceed.

Dissolution of Marriage is Ohio's "agreement-first" path for couples who can reach a complete settlement before filing. Both spouses file a joint petition together with a signed Separation Agreement covering all property division, spousal support, and—if there are minor children—parental rights, parenting plans, and child support. Under R.C. 3105.64, the court must hold a hearing between 30 and 90 days after filing, where both spouses must appear and confirm the agreement. This makes dissolution the faster option when both parties agree.

Divorce is the traditional contested path where one spouse files a complaint. Ohio recognizes both no-fault grounds (incompatibility, or living separate and apart for one year) and fault grounds (adultery, extreme cruelty, gross neglect, etc.). Unlike dissolution, there is no mandatory waiting period for divorce in Ohio—the timeline depends on court scheduling and whether the case is contested.

Required Forms for Ohio Divorce Filing

Ohio uses standardized Uniform Domestic Relations (UDR) forms published by the Supreme Court of Ohio. These fillable PDF forms are accepted statewide, though some counties may require additional local forms.

The primary forms you'll need include:

• UDR Form 6: Complaint for Divorce Without Children
• UDR Form 7: Complaint for Divorce With Children
• UDR Affidavit 1: Basic Information, Income, and Expenses
• UDR Affidavit 2: Property and Debt
• UDR Affidavit 3: Parenting Proceeding Affidavit (required for cases with children, providing UCCJEA jurisdiction information)
• UDR Affidavit 4: Health Insurance Affidavit
• UDR Affidavit 5: Motion and Affidavit for Temporary Orders (optional, for requesting temporary support or parenting orders)

All forms are available as free, fillable PDFs from the Supreme Court's website. Many counties also offer e-filing through their clerk's portal, making the filing process more convenient.

Calculate Your Estimated Divorce Costs

Before filing, it's helpful to understand the full financial picture of your Ohio divorce. Use our free calculator to get a personalized estimate based on your specific situation and county.

Ohio Divorce Filing Fees by County

Filing fees for divorce in Ohio vary significantly by county and by case type (with or without children). For strategies on managing these costs, see our guide to saving money on divorce. Here are recent examples from major Ohio counties:

• Cuyahoga County (Cleveland): $300 with children, $200 without children
• Hamilton County (Cincinnati): $375 with children, $325 without children
• Summit County (Akron): $420 with children, $370 without children
• Washington County: $330 for domestic divorce/dissolution

If you cannot afford the filing fees, Ohio provides a fee waiver process. The Supreme Court publishes a standardized Civil Fee Waiver Affidavit and Order that is accepted in most counties. If your income is at or below 187.5% of the federal poverty limit, the court must waive your fees. Check with your county clerk for specific local fee waiver procedures.

Service of Process and Response Deadlines

After filing your complaint, you must properly serve your spouse with the divorce papers. Ohio Civil Rules allow several service methods:

• Certified mail by the clerk: The most common method; if your spouse signs for it, service is complete
• Ordinary mail follow-up: If certified mail is refused or unclaimed, the clerk can resend by ordinary mail; service is complete if not returned within 28 days
• Personal service: A process server or sheriff can personally deliver the documents
• Service by publication: Only after a diligent search if your spouse's address is unknown

Under Ohio Civil Rule 12(A)(1), the respondent has 28 days after service to file an Answer. If no Answer is filed, you can request a default hearing, though you'll still need to present evidence proving your grounds for divorce and supporting any requested relief.

Frequently Asked Questions

What's the difference between dissolution and divorce in Ohio? Dissolution requires both spouses to file together with a complete settlement agreement already in place, and results in a hearing within 30-90 days. Divorce is filed by one spouse and can be contested, with no mandatory waiting period but potentially longer timelines depending on the issues in dispute.

Is there a waiting period for divorce in Ohio? No. Unlike some states, Ohio has no mandatory waiting period for divorce. However, dissolution of marriage requires a hearing between 30 and 90 days after filing. The actual timeline for either process depends on court scheduling, service, and whether the case is contested.

What if we can't afford the filing fees? Ohio provides a fee waiver process for individuals who qualify based on income. If your income is at or below 187.5% of the federal poverty limit, the court must waive your fees. File the Civil Fee Waiver Affidavit and Order along with your divorce complaint.