Ohio divorce at a glance
Confirm with your county before filing — fees and rules can vary.
Ohio divorce: the deniable incompatibility ground
Ohio’s most-used no-fault ground comes with a catch that few states have: incompatibility under ORC § 3105.01(K) only works when both spouses agree it exists. If one spouse denies it, the ground collapses and the filer must prove another basis — like living separate and apart for a year, or one of the eleven fault grounds. In practice this pushes agreeing couples toward a dissolution, which is the no-grounds route through the Domestic Relations Division with a signed separation agreement.
Filing requires six months as an Ohio resident plus 90 days in the filing county under ORC § 3105.03. The Complaint for Divorce goes to the Court of Common Pleas, Domestic Relations Division, and the Supreme Court of Ohio’s uniform forms carry real numbers: Form 6 for a complaint without children, Form 7 for one with children, both filed with Form 31 (Request for Service), and the Parenting Proceeding Affidavit when kids are involved.
After service, a minimum of 42 days must pass before the final hearing — 28 days to answer plus 14 days of scheduling. Property is divided equitably under ORC § 3105.171, spousal support follows ORC § 3105.18, and child support follows the Ohio Child Support Guidelines. Filing fees run $250 to $485 depending on the county, plus mandatory surcharges of about $37.50.