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EspañolWhat are the residency requirements for divorce in Ohio?
The judge can grant you a divorce in Ohio if you have been a resident of Ohio for at least six months before filing for divorce. The judge can also grant a divorce if your spouse files for divorce, and s/he has been a resident of Ohio for at least six months. It does not matter if your marriage or the cause of your divorce happened in Ohio or outside of Ohio.1
1 Ohio Rev. Code § 3105.03
What are the grounds for divorce in Ohio?
Grounds are legally acceptable reasons for divorce. A judge can grant you a divorce if your spouse:
- was already married when s/he married you;
- abandons you for one year;
- cheats on you (adultery);
- treats you with extreme cruelty;1
- enters into marriage with you under fraudulent circumstances;2
- “grossly neglects” his/her duties within the marriage;
- is habitually drunk;
- is imprisoned in a state or federal correctional institution at the time you file for divorce;
- gets divorced outside the state without your involvement;3
- lives separate and apart from you for a year; or
- agrees with you that you are not a compatible couple.1
1 Ohio Rev. Code § 3105.01
2 Ohio Rev. Code § 3105.01; see also Basickas v. Basickas, 114 N.E.2d 270 (OH App. 1953)
3 Ohio Rev. Code § 3105.01; see also Rousculp v. Rousculp, 244 N.E.2d 512 (OH App. 1968)
What is a legal separation?
A legal separation is an option for spouses who do not yet want to end their marriage but want the court’s involvement during their separation. A legal separation order (decree) can address similar issues as in a divorce, including:
- dividing property;
- spousal support;
- custody and parenting time; and
- child support.1
You can file for a legal separation even if you and your spouse still live in the same home.2
The steps to get a legal separation are mostly similar to those for a divorce, which are listed in What are the basic steps for filing for divorce? However, there are no residency requirements. This means there is no set amount of time that you or your spouse must live in Ohio before filing for the legal separation.3
The legal reasons (grounds) for a legal separation are the same as most of the reasons listed in What are the grounds for divorce in Ohio? The only one that doesn’t apply is if your spouse gets divorced outside the state without your involvement, which is #9 in the list. That ground only applies when filing for a divorce in Ohio, not a legal separation.4
1 Ohio Rev. Code §§ 3105.171(B); 3105.18(B); 3105.21(A)
2 Ohio Rev. Code § 3105.17(A)
3 Ohio Rev. Code § 3105.03
4 Ohio Rev. Code §§ 3105.17(A)(1)-(10); 3105.01(A)-(K)
