Ohio Laws on Signing a Divorce Decree

Ohio has specific procedures for ending a marriage.

A divorce decree is a court document terminating a marriage. A divorce settlement is final once the judge overseeing the case and the court clerk signs the decree. Before a divorce decree can be signed in Ohio, the state's process of marriage termination must be carried out.

Definition of Divorce

Under Ohio law, a divorce is a legal end to a marital relationship granted by a court. The court can only grant a divorce upon finding legal grounds for the termination of the marriage.

Commencement of Proceedings

A spouse files a complaint with the court and thus becomes the plaintiff;h the other spouse becomes the defendant in the case. The complaint must prove the plaintiff has resided in Ohio for at least six months prior to the filing. In addition, the documentation shall list the date and location of the marriage, names and birth dates of minor children, and provide at least one of the state-recognized grounds for divorce.

Grounds for Divorce

The plaintiff and a witness must provide legal grounds for the divorce. No-fault reasons include incompatibility and living separate and apart for one year. Other grounds, called fault reasons, include: simultaneous marriage to another person; willful absence from the home for a year; adultery; cruelty; fraud; failure to support the family; habitual drunkenness; imprisonment of the defendant at the time of the filing; and divorces outside the state.

References

• Crossroads Title: Glossary -- Divorce Decree
• Divorce Net: Ohio Divorce -- FAQ (What is the difference between "divorce," "dissolution," and "annulment"?) (How is a divorce case started in Ohio?) (What are the "grounds" or legal reasons for divorce in Ohio?)

Resources

• Practical Things to Know About a Divorce