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Gregg R. Lewis
Trusted Family Law Services In Columbus

What are the two no-fault grounds for divorce in Ohio?

On Behalf of | Mar 23, 2022 | Divorce |

To get a divorce in Ohio, you must establish proper grounds, a term for legal reasons accepted by the court.

The process of establishing grounds requires testimony by the spouse filing for divorce and agreement from the other spouse or a corroborating witness.

1. Living separately

Spouses can get a no-fault divorce if they can provide proof of separate living arrangements. The court requires a minimum of one year of separation in which both spouses maintained their own individual homes apart from one another.

2. Incompatibility

A no-fault divorce literally means that neither spouse blames the other for the marriage’s failure. They can claim incompatibility as the reason for separation. If either spouse denies the claim of incompatibility, the burden of proving that they are incompatible falls on the other spouse, which could delay or even prevent the no-fault divorce.

Other requirements

To file for either a no-fault or fault divorce in Ohio, the person filing, who is also the plaintiff, must prove state and county residency. The court requires a minimum of six months of residency in the state and 90 days in the county where the plaintiff intends to file.

The spouse filing the initial complaint must also pay a fee and list the following information:

  • Date and location of the marriage
  • Names and birthdays of minor children
  • One legal reason for divorce

When both spouses agree on the grounds and terms of the divorce, the process typically moves quickly. Including fault-based grounds for a divorce opens the door for disagreements.

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