Law Summary - Ohio Divorce
Notes: The State of Ohio recognizes two separate methods of dissolving the bonds of matrimony. An action for dissolution of marriage may be undertaken only when both parties agree to all terms of the dissolution. An action for divorce may be undertaken in all other instances where the parties do not agree to one or more terms of the divorce. This summary is not intended to be an all-inclusive summary of the laws of divorce and dissolution of marriage in the State of Ohio, but does contain basic and other procedures.
Grounds for divorce/dissolution
The State of Ohio permits judgments of divorce and dissolution of marriage to be granted upon the following grounds:
1. Bigamy
2. Willful absence of the adverse party for one year
3. Adultery
4. Extreme cruelty
5. Fraudulent contract
6. Gross neglect of duty
7. Habitual drunkenness
8. Imprisonment of the adverse party
9. Procurement of a divorce outside the State by a party which releases the party who obtained it from the obligations of marriage while the obligations remained binding on the other party
10. Living separate and apart without cohabitation for one year without interruption
11. Incompatibility of the parties.
§3105.01
Residency requirements
In actions for divorce in the State of Ohio, the filing party must have resided in the State of Ohio for at least six months immediately prior to the filing of the complaint. In addition, the filing party must have resided in the county in which the complaint is filed for at least ninety days immediately prior to the filing of the complaint.
In actions for dissolution of marriage, the filing party must have resided in the State of Ohio for at least six months immediately prior to the filing of the petition for dissolution. § 3105.03, § 3105.62 CivR 3