Ohio Marital Settlement (Divorce) Agreement Form [PDF]

A marital settlement (divorce) agreement in Ohio is a legal document used by spouses to address all significant issues related to their divorce, including property division, alimony, and child support. The purpose of this agreement is to effectively resolve these matters before going to court.

By agreeing on these key issues in advance, the divorce process is expedited, as the judge can approve their terms if they’re in the best interest of the spouses and their children. Without such an agreement, the judge will make decisions based on state law, which can be more time-consuming and less aligned with the spouse’s preferences.

Divorce Forms

In Ohio, spouses file for divorce at the Court of Common Pleas. The filing fee ranges from $150 to $400, with the higher fee applying if the spouses have minor children. The divorce process typically takes up to 18 months if children are involved and up to 12 months if not.

Divorce Laws and Legal Requirements in Ohio

Divorce laws and legal requirements in Ohio establish the legal framework for the dissolution of marriage and address vital marital issues that will be discussed during divorce proceedings. Now, let's explore each of them:

How to File for a Divorce in Ohio in 8 Steps

To file for divorce in Ohio, follow these eight straightforward steps to guide you through the process.

#1. Fill Out the Divorce Form

Before you can file for divorce in Ohio, you must meet specific residency requirements. Either you or your spouse must have lived in Ohio for at least six months, and one of you must have resided in the county where you plan to file for at least 90 days.

If you and your spouse agree on all terms of the divorce, financial and child-related, you can file for an uncontested divorce, also known as a “dissolution of marriage”.

In this case, both spouses can jointly file a Petition for Dissolution of Marriage, which indicates that they have reached an agreement on all relevant marital matters. They also should complete a marital settlement agreement template or a Parenting Plan.

If you cannot agree with your spouses about these relevant matters, then you should fill out the Complaint for Divorce form (with children/without children). This document should outline basic information about your marriage, the grounds for divorce, military service information, details about any children, information about property, and a request to revert your name.

#2. Fill Out Additional Court Forms

Besides this initial document, you and your spouse must complete several other forms that detail your personal and financial situations. Those are:

• Parenting Proceeding Affidavit

• Request for Service

• Affidavit of Basic Information, Income, and Expenses

• Affidavit of Property and Debt

• Health Insurance Affidavit (with children)

Completing these forms is essential because they help the court make fair decisions regarding support, custody, and property division.

#3. File the Forms With the Court

After completing all the necessary forms, make at least two copies of each. Take the original forms and copies to the Clerk of Court in the domestic relations division of your county's Court of Common Pleas.

You need to pay a filing fee, which typically ranges from $150 to $400, depending on the county and whether you have children. If you cannot afford the filing fee, you can fill out a Poverty Affidavit to request a fee waiver. After filing all documents, the clerk will assign a case number to your filing and schedule a hearing date.

#4. Serve the Forms to the Spouse

After filing, you must notify your spouse about the divorce by serving them the divorce papers. This is a legal requirement to ensure they are aware of the proceedings. You can serve the document via certified mail, sheriff service, or a private process server.

After serving, it is crucial to check with the court to confirm that your spouse has properly received the papers. If that is not the case, the court cannot proceed with the divorce.

#5. Wait for the Defendant's Answer

Once your spouse (defendant) has been served, they have up to 28 days to file an Answer to Complaint for Divorce (with children/without children) with the court. Additionally, the defendant should submit the following forms:

• Affidavit of Basic Information, Income, and Expenses

• Affidavit of Property and Debt

• Health Insurance Affidavit

In the Answer to Complaint for Divorce, your spouse can agree or disagree with the claims and terms you have proposed. If the defendant agrees with the terms, the process can proceed smoothly. However, the defendant may decide to make a counterclaim if they disagree with any terms, which would then be considered a contested divorce.

In that case, the defendant should file Counterclaim for Divorce (with children/without children) with the court. A contested divorce means that both parties will need to present their arguments and evidence in court, and the judge will make a decision based on that information.

#6. Request Temporary Orders

While waiting for your spouse to respond, you may find it necessary to establish temporary orders to address immediate issues that occur during the divorce process, such as child custody, visitation, child and spousal support, and the use of marital property.

To request these temporary orders, you should file a Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing. This form allows you to present your case for temporary relief without the need for an oral hearing. In this motion, you will outline your requests and provide arguments about why the temporary orders are necessary.

Your spouse can also file a response or a counter affidavit. In that case, the court will review both documents, set a hearing (if necessary), and make a decision about temporary orders.

#7. Participate in Mediation and Hearings

Before scheduling the pre-trial hearing, the judge can require mediation. Mediation involves a neutral third party who helps you and your spouse negotiate and reach an agreement. If mediation fails, the court will schedule pre-trial hearings or a settlement conference.

The goal is to discuss your and your spouse's position on all relevant matters so the judge can try to find the optimal and mutually acceptable solution for your case. If that is not possible, the court will make decisions based on the presented arguments and evidence.

At this point, the parties should prepare and file a Judgment Entry - Decree of Dissolution of Marriage form in case of uncontested divorce or Judgment Entry - Decree of Divorce form (with children/without children) in case of contested divorce.

#8. Finalize the Divorce and Change Your Name

If you and your spouse have agreed on all issues and submitted a marital settlement agreement, then the judge will review it to ensure it is fair and acceptable for both parties. If the judge finds the agreement is satisfactory, they will sign and issue Judgment Entry - Decree of Dissolution of Marriage, which legally finalizes the divorce based on your divorce settlement agreement.

When you cannot agree on all the issues, then the judge will decide based on the presented evidence and arguments, which can take a lot more time. After reviewing all the evidence and arguments, the judge will make a final decision and issue a Judgment Entry. This document, once signed by the judge, will legally finalize the divorce. 

If you requested a name change and it was approved, the final judgment would include the order for your name change and allow you to revert to your maiden name. After receiving the final order, you should update all personal documents and accounts with institutions.