Ohio Divorce Records

The Domestic Relations Division of the Court of Common Pleas maintains divorce records in Ohio. While generally public, sensitive information may be sealed, and certified copies are available only to involved parties and authorized individuals.

Ohio's divorce rate has declined to 2.6 per 1,000 people, with women initiating 70% of divorces. Ross County has the highest divorce rate at 14.3%, and Geauga County the lowest at 8.0%.

Grounds for divorce in Ohio include no-fault reasons like living apart for a year and incompatibility and fault-based reasons like adultery and extreme cruelty. To file for divorce, residency requirements must be met, paperwork filed in the Court of Common Pleas, filing fees paid, and the spouse served. Temporary orders can be requested for urgent matters until the divorce is finalized. The process concludes with a final hearing, where a judge reviews paperwork, resolves objections, and finalizes the divorce.

Divorce records can be accessed offline at the Court of Common Pleas, where the divorce was finalized. Online access to divorce decrees is unavailable, but case information may be accessible through local court systems or third-party websites, though their validity is not guaranteed.

What are Divorce Records?

Divorce records in Ohio contain information on the state's finalization or termination of marriages. Ohio divorce records include divorce decrees and case files generated in the court through divorce proceedings in Ohio courts. Ohio divorce decrees contain the rights and responsibilities of each party in a divorce. Divorce case files comprise petitions, motions, testimonies, transcripts, and other documents created in the court case. The Domestic Relations Division of the Court of Common Pleas maintains Ohio divorce records.

Are Divorce Records Public in Ohio?

Divorce records are typically public in Ohio under Section 149.43 of the Ohio Revised Code. However, some information may be sealed to the public, including sensitive information about children or victims of domestic violence and personal identification information (such as bank account information and social security numbers). Additionally, certified copies of Ohio divorce records are only available to parties in the divorce and authorized persons, such as immediate family members and persons who have obtained a court order to access them.

Divorce Stats and Rates in Ohio

The divorce rate in Ohio is 2.6 per 1,000 people, reflecting a gradual decline from 3.4 per 1,000 in 2010. The rate steadily decreased, reaching 2.5 in 2020 before a slight rise in 2021. Over the past decade, the divorce rate dropped by 0.8 per 1,000 people, indicating changes in marital stability or societal attitudes.

Women initiate more divorces than men, with 70% of women choosing to end their marriages, often due to disproportionate household duties and unmet expectations. Financial independence also plays a role. Divorce statistics vary by county, with Ross County having the highest divorce rate at 14.3% and Geauga County the lowest at 8.0%. In 2021, approximately 20.7% of divorced men and 37.5% of divorced women in Ohio lived with children under 18.

Ethnicity influences divorce rates, with American Indians and Alaska Natives having the highest rate at 17.0% and Asians the lowest at 4.4%. Religious affiliation also impacts divorce rates, with Mainline Protestants at 18% and Catholics at 10%.

Ohio's marriage rate is 5.2 per 1,000 people, with residents typically marrying between ages 27 and 29. The average marriage lasts 21.1 years, close to the national average.

Grounds for Divorce in Ohio

Ohio recognizes no-fault and fault-based grounds for the person seeking to obtain a divorce. Per Section 3105.01 of the Ohio Revised Code, a spouse may file for divorce based on any of the following legal grounds:

At fault grounds

Adultery
Either spouse was already married at the time of the marriage at issue
The other spouse filing for divorce left willingly for a year or more
Extreme cruelty
Fraudulent contract, that is, one spouse tricked the other into getting married
Gross neglect of duty. Per Ohio law, spouses have a mutual duty of fidelity, respect, and support
Habitual drunkenness
Imprisonment of the non-filing spouse at the time of submitting the divorce petition
The other spouse divorced the spouse filing for divorce in another state

No-fault grounds

The spouses lived separately without cohabitation for a year
Incompatibility (except where one spouse denies that the couple is incompatible)

If you are filing for a divorce in Ohio based on incompatibility and your spouse disagrees, the state requires that you select another acceptable ground for dissolving the marriage. Also, although you may choose multiple grounds for filing for a divorce, you only need to prove one of the grounds for divorce to be granted.

How to File for Divorce in Ohio

Prior to petitioning for divorce in Ohio, you must meet the state's residency requirements. The state requires that the filing spouse be a resident of the state for at least six months immediately before filing the divorce petition. For a dissolution of marriage, which differs from a divorce, one spouse must also have been an Ohio resident for at least six months before filing. In Ohio, an uncontested divorce is referred to as dissolution of marriage, while a contested divorce is referred to as a divorce.

To file for divorce in the state, follow these steps:

Choose the Appropriate Court: Once you meet the Ohio residency requirement, you may proceed to file the paperwork in the Court of Common Pleas. You may check with the Clerk of the Court for the appropriate forms. Typically, you must file a complaint for divorce, a request for service, a statement of basic information, income, and expenses, and a statement of property and debt.
Pay Filing Fees: Filing fees vary by county, generally ranging from $300 to $400, with potentially higher fees if minor children are involved. You may request a fee waiver using Form 20: Civil Fee Waiver Affidavit and Order if you cannot afford the fees. Courts must waive fees if your income is at or below 187.5% of the federal poverty limit; otherwise, the decision is at the judge's discretion.
Serve Your Spouse: After filing, you must notify your spouse of the divorce. You can request the court to serve the paperwork via certified mail (return receipt requested) or personal service by the sheriff. If your spouse is difficult to locate or evading service, you may seek the court’s permission to use alternative methods, such as publication in a newspaper.
Negotiating a Settlement: If you and your spouse can come to an agreement on the issues in the divorce, including child custody, child support, and division of assets, the agreement may be used as a legal contract to finalize the divorce in court. If you are unable to come to an agreement with your spouse, the court may require both parties to attend mediation in order to resolve the difference. If mediation proves unsuccessful, the case will go to court
Temporary Orders: Since a contested divorce may take several months to finalize, you can obtain temporary orders to address urgent matters until the divorce decree is issued. A temporary order typically addresses child custody, child support, spousal support, and child visitation. In order to obtain a temporary order, you must file a motion with the court.
Final Divorce Hearing: The final step in the Ohio divorce process is the final divorce hearing. During this hearing, a judge reviews all paperwork, considers objections, and finalizes the divorce. Typically, you and your spouse will attend the hearing, along with their attorneys, if you have them. The judge will ensure both parties fully understand and agree to the terms of the divorce settlement. If there are objections or concerns, the judge addresses them. Once all issues are resolved, the judge declares the divorce final.

Divorce can be a challenging process, and navigating it may also be daunting. If you are filing for a divorce in Ohio, you may consider seeking the assistance of an experienced family law attorney.

Ohio Divorce Decree

An Ohio divorce decree is a formal court order ending a marriage and outlining the terms agreed upon or decided by a judge. The decree contains critical information regarding child custody arrangements, child support obligations, spousal support, and the division of marital assets and debts. It is legally binding on the parties and serves as a blueprint for the post-divorce relationship between the former spouses.

How to Find and Access Ohio Divorce Records

The Bureau of Vital Statistics does not maintain divorce records in Ohio. Divorce decrees are available from the county where the event was recorded. You can obtain Ohio divorce records offline and online.

Offline Access

To obtain certified copies of divorce decrees in Ohio, visit the location of the Court of Common Pleas where the divorce was finalized and make a request. The Clerk of the Court will provide you with specific types in obtaining the records you seek. In addition, you may be able to access court case files for the divorce records you desire from the public access terminal in the court.

Online Access

Divorce decrees are not available online in Ohio. However, you may be able to view case information for divorce proceedings held in the state via the electronic access provided by local courts. You may use the trial courts list on the Ohio courts website to access case records for Courts of Common Pleas. Also, some third-party sites provide access to divorce records for several states in the United States. Although many of these sites charge a fee for users to search their databases, the validity of their records may not be guaranteed.

References

Counties in Ohio

List of Content

What are Divorce Records?
Are Divorce Records Public in Ohio?
Divorce Stats and Rates in Ohio
Grounds for Divorce in Ohio
How to File for Divorce in Ohio
1. Ohio Divorce Decree
How to Find and Access Ohio Divorce Records
1. Offline Access
2. Online Access