Residency Rules for Filing for Divorce in Ohio
By Beverly Bird
Updated March 29, 2020
Jupiterimages/Pixland/Getty Images
Most states do not allow you to move into their jurisdiction, unpack your bags and immediately file for divorce. There's a good reason for this – "friendly" divorce states would be inundated with spouses flocking there to file, maybe to the point where their court dockets would bog down to a crawl. Most states try to find a middle ground between prohibitive residency rules and no requirements at all, including Ohio.
State and County Residency
Ohio's residency requirement is six months. You must live in the state this long before you can file for divorce, and the six months must be those that lead up to your filing. You must live in the county where you file for a minimum of 90 days. One exception exists: If your spouse has met residency requirements in the state, you can file in Ohio even if you live elsewhere.
Jurisdictional Issues
Even if you meet Ohio's residency requirements, the court may not be able to do much more than grant you a divorce. If your spouse never lived in the state with you, this can limit jurisdiction over him, and the court may not be able to rule on things like asset division or alimony. This is particularly true if the two of you own property in the state where your spouse is currently living, such as if you were married there and moved to Ohio when you broke up. Ohio may not be able to rule on custody unless your children have also resided in the state for six months.
References
- LAWriter Ohio Laws and Rules: Ohio Revised Code, Section 3105.62, Residency Requirement
- Friedman Law Offices: Residency Requirements
- Law Offices of Brandon Sewell: What Are Residency Requirements to Divorce in Ohio?
- LAWriter Ohio Laws and Rules, Ohio Revised Code, Section 3127.01, Uniform Child Custody Jurisdiction and Enforcement Act
Writer Bio
Beverly Bird has been writing professionally since 1983. She is the author of several novels including the bestselling "Comes the Rain" and "With Every Breath." Bird also has extensive experience as a paralegal, primarily in the areas of divorce and family law, bankruptcy and estate law. She covers many legal topics in her articles.