Ohio Divorce Records

Divorce rates in Ohio have steadily declined over the years, with recent data placing the state's divorce rates at approximately 2.4 divorces per 1,000 Ohioans, on par with the national average.

Ohio recognizes both fault-based and no-fault-based grounds for divorces. Fault-based divorces require one spouse to prove that the other is at fault for the breakdown of the marriage and often involve more contentious legal proceedings. On the other hand, for no-fault-based divorces, neither spouse needs to prove wrongdoing; these are generally less adversarial and quicker to resolve. Ohio also offers "dissolutions", which is a no-fault process for ending marriages. However, unlike divorces, both spouses must agree on all terms and prepare a separation agreement before filing for a dissolution.

Divorces in Ohio cost an average of $9,350, lower than the national average of $9,969. Divorce costs in the state are generally determined by factors like court costs, attorney fees, mediations, and whether the divorce is being contested or not.

Are Divorce Records Public in Ohio?

In Ohio, divorce records are considered public records, meaning that they may be accessed by the general public, in line with the stipulations of the state's public records law. Notwithstanding this, certain information in Ohio divorce records is typically redacted or restricted. These include details that could compromise privacy, such as social security numbers, financial account numbers, information about minors and victims of domestic violence, and records sealed by court order.

What Is Included in Ohio's Divorce Records?

The term "divorce record" generally refers to a collection of documents related to a divorce case. In Ohio, the main types of divorce records available in the state are:

• Divorce Decrees: These are court-issued documents that bear the final judgment of the divorce. Divorce decrees typically contain detailed information about the divorce, including property division, child custody, spousal support, and other court-ordered provisions, and they are maintained by the Clerk of Courts in the county where the divorce was finalized.
• Divorce Case Files: These encompass all documents either filed with or generated by the court during a divorce proceeding, such as petitions, motions, and court orders (including the divorce decree). These records are kept at the court that handled the divorce case.

How Do I Find Ohio Divorce Records?

Ohio divorce records are maintained by the Clerk of Courts in the county where the divorce was finalized and may be obtained through these officials. Certified copies of Ohio divorce records serve various legal purposes, including:

• Facilitating name changes.
• Providing official proof of divorce for remarriage.
• Updating beneficiaries or marital status with banks, insurance companies, and other financial institutions.
• Updating information for social security and other benefits or entitlements.
• Enforcing and/or modifying court orders related to child custody, support, visitation, or property division.
• Revising wills, trusts, and other similar legal documents.

Look Up Ohio Divorce Certificate

Ohio does not offer state-issued divorce certificates, nor does the state have a centralized location for obtaining divorce records. Instead, divorce records are maintained locally by the Clerk of Courts in the county where the divorce proceedings took place. Nevertheless, you may access statewide data on divorces through the Ohio Department of Health's Bureau of Vital Statistics. This department provides reports on divorce trends and also maintains an index of divorces that occurred across the state from 1954 to date. Inquiries on state-managed divorce information can be directed to (614) 466-2531.

Look Up Ohio Divorce Decree

Ohio divorce decrees are maintained at the county level by the court where the divorce was finalized. You may obtain certified copies of these divorce records by taking the following steps:

• Determine the specific county where the divorce was finalized.
• Contact the county's Clerk of Courts.
• Submit a record's request to the clerk of courts. You will typically need to provide the case number or the names of the parties involved and may also have to complete a request form.
• Pay the applicable fee. Certified copies of Ohio divorce decrees typically cost between $1 and $2 per copy; however, actual costs vary by location.

Look Up Ohio Divorce Court Records

In Ohio, public access to complete divorce case files is typically restricted. However, copies of specific records from the case file, such as the original divorce petition, motions, agreements, discovery documents, the divorce decree, and other court orders, can usually be obtained. To do so, you will typically need to submit a written request to the Clerk of Courts in the county where the divorce proceedings were held and pay any associated fees. You may get further details by contacting the relevant Clerk of Court's Office.

Can You Seal Divorce Records in Ohio?

While Ohio divorce records are generally deemed public, you may seal certain parts of these records for privacy reasons. These may be to protect victims of domestic violence, keep sensitive information like bank account numbers private, and protect proprietary business information.

To seal your divorce record in Ohio, you will need to file a petition with the court that handled the case and provide a valid reason showing that your right to privacy (regarding the records in question) outweighs the public's right to access the records. The court will review the petition and decide whether to grant the request. Note that this decision is made at the court's discretion - in most cases, only a part of the record will be sealed, such that sensitive information is restricted, while ensuring that the public retains access to the rest of the record.

How Long Does a Divorce Take in Ohio?

Per Rule 75(k) of the Ohio Rules of Civil Procedure, divorce cases cannot be heard or decided until at least 42 days after divorce papers are served or 28 days after the final publication of the complaint notice (if the respondent was notified via this method). If the respondent files a counterclaim, then there is an additional 28-day waiting period unless the plaintiff (the person who originally filed for divorce) chooses to waive this. Note that this must be done in writing.

Also, in situations where the couple chooses to end their marriage through dissolution, the court imposes a mandatory 30-day waiting period after the petition is filed before the final hearing is held. However, if a divorce case is converted to a dissolution, and this is done more than 30 days after the divorce was originally filed, then the final hearing may either be held at the time of the conversion or within 90 days.

Does Ohio Require Separation Before Divorce?

Ohio does not require a mandatory separation period before divorce; as such, couples may file for divorce in the state without having to live apart from their spouses for any specific length of time. However, separation might play a role in certain cases, such as when "living separate and apart" is used as grounds for a no-fault divorce. In these cases, the couple must have been separated without interruption for at least one year.

How Are Assets Split in an Ohio Divorce?

Ohio utilizes a combination of equal (50/50) splits and equitable distribution when dividing marital property between couples during a divorce. Marital property refers to all real and personal property owned by either or both spouses that was acquired during their marriage. Note that this does not include inheritances and gifts received during the marriage or property excluded by a valid prenuptial or postnuptial agreement.

Under state law, each spouse is considered to have contributed equally to the acquisition of their marital property, and courts are required to equally split this property between them. However, if the court determines that an equal split would not be fair (equitable) to both parties, it may divide the property in a manner that would result in both parties receiving an equitable share. When making its determination, the court must consider certain factors, including:

• The length of the marriage.
• Each spouse's assets and liabilities.
• The liquidity of the property to be shared.
• The tax consequences to each spouse.
• The economic desirability of leaving an asset intact or retaining interest in the asset.
• The desirability of awarding the family home, or the right to live in it for a reasonable duration, to the spouse who has custody of the children from the marriage.

Who Gets Custody of a Child in Divorce in Ohio?

Historically, Ohio courts granted custody of children (after a divorce) to either the mother or the father, with mothers typically getting preference over fathers. However, modern Ohio child custody laws prioritize the child's best interests when allocating parental rights and responsibilities without any explicit preference for either parent, except in situations involving unmarried mothers - they are automatically considered the sole custodians until a court makes a different order. Nonetheless, recent surveys indicate that fathers in Ohio receive approximately 23.7% of parenting time after divorcing, significantly lower than the national average of 35%.

In Ohio, there are two main types of custody:

• Physical custody refers to the primary location where the child will reside and which parent the child gets to spend most of their time with.
• Legal custody refers to the authority to make significant decisions on matters concerning the child's well-being, such as education, extracurricular activities, healthcare, and religious upbringing.

Depending on the specifics of the case, either parent may be granted sole physical and/or legal custody, or they may share custody (physical and/or legal) with the other parent. Courts typically grant shared custody (commonly referred to as shared parenting or joint custody) if both parents can prove that they can get along and communicate effectively to take care of their child's needs.