Ohio Family Laws

Filing fees for divorce in Ohio vary by county, typically ranging from $250 to $475. Fee waivers are available for qualifying low-income filers.

At least one spouse must have been an Ohio resident for at least 6 months and a resident of the filing county for at least 90 days.

There is no mandatory waiting period for divorce, but a hearing may not be held for at least 42 days after service on the other spouse.

Courts allocate parental rights based on the best interests of the child, considering: wishes of both parents, wishes of the child, the child's relationships with parents and siblings, adjustment to home and school, mental and physical health of all persons, the parent more likely to facilitate the other parent's relationship, history of domestic violence, and the guardian ad litem's recommendation.

Marital property is divided equally unless equal division would be inequitable, in which case the court divides property as it determines equitable. The court first determines what is marital property versus separate property.

There is no fixed formula for spousal support. Courts consider income from all sources, relative earning abilities, ages, physical and mental conditions, retirement benefits, duration of marriage, standard of living during marriage, education, and each spouse's contributions. May be modified unless the decree expressly prohibits it.

Ohio uses an income shares model. Both parents' incomes are combined and the obligation is allocated proportionally. The basic child support schedule covers combined incomes from $8,400 to $300,000 and incorporates a self-sufficiency reserve.

Civil protection orders (CPOs) are available for domestic violence victims. An ex parte hearing is held the same day the petition is filed. A full hearing is scheduled within 7 court days. Orders may include exclusive possession of the residence, temporary custody, temporary support, and stay-away provisions.