How Much Does Divorce Cost in Ohio?

Divorce already means losing your spouse’s financial support and resources. Yet, like most legal matters, divorce can cost a pretty penny. But how much does divorce cost in Ohio? 

The average cost can vary significantly from a few thousand dollars to over $10,000. Expected costs depend particularly on whether you and your future former spouse agree on all significant issues—an uncontested divorce—or you don’t—a contested divorce. The average contested divorce cost in Ohio may be tens of thousands, while the average uncontested divorce may cost a few hundred to a few thousand dollars. 

Vantage Group Legal Services can help you find an efficient, knowledgeable attorney. Although your lawyer’s work may make up the bulk of your divorce costs, consulting a lawyer can save you time and stress and make the difference between walking away satisfied or unsatisfied.

The Ohio Divorce Process

How much your divorce costs depends on how much work it takes to separate your life from your spouse’s. In other words, how much your divorce costs depends on how much work you, your spouse, and your attorney must complete. Note that Ohio law refers to uncontested divorce as “dissolution of marriage” and contested divorce as “divorce.”

Steps in a Divorce

You typically begin the process by filing for divorce in court. The process ends when you get a final divorce decree from an Ohio court. An Ohio divorce typically involves the following steps:

• Prepare filings,
• File divorce papers with the court,
• Respond to divorce filing,
• Set temporary orders,
• Resolve divorce issues, and
• Finalize your divorce.

To get your final decree, you need to resolve issues related to:

• Child custody and support,
• Asset and debt division, and
• Spousal support (alimony).

Unlike some states, Ohio doesn’t impose a waiting period on finalizing your divorce. So, if you file for uncontested divorce, the process can be pretty quick, depending on the court’s schedule.

Child Custody and Support

In Ohio, parents generally have the right to raise their children and an obligation to support them until adulthood. During and after a divorce, spouses with shared children must figure out how to care for them separately. This usually involves the parents establishing a custody arrangement, parenting plan, and child support. You set those items through a court order, regardless of whether your divorce is contested.

Under Ohio law, the court prefers to maintain “shared parenting” rights. Shared parenting means both parents retain the right to decide how to raise their child, which is called having legal custody. However, one parent is usually the custodial parent with whom the child primarily lives. A custodial parent has physical custody. Unless parents share physical custody and the child splits time between them, the other parent is the noncustodial parent. A noncustodial parent usually has visitation or parenting time rights.

The noncustodial parent typically pays regular child support unless their parental rights are terminated. The amount of child support a parent pays depends on the number of children they’re supporting and their income. 

Debt and Asset Division

Under Ohio law, married couples share property that either spouse acquires after the date of marriage unless the property is “separate.” Separate property includes property:

• Acquired before marriage or through inheritance, 
• Gifted to only one spouse,
• Earned from separate property,
• Awarded in a personal injury lawsuit, or
• Identified as separate in a premarital or marital agreement.

Debts are subject to the same basic division. If acquired before the marriage, debts are separate. If acquired during the marriage, debts are shared.

Upon divorce, Ohio courts divide your marital property equally unless equal division would be unfair. Factors that affect property division include:

• How long the marriage lasted,
• Each spouse’s assets and liabilities,
• Whether the spouse with custody should remain in the family home to raise the children,
• How liquid the spouses’ property is and the desirability of the spouses retaining certain assets intact,
• Tax consequences to either spouse,
• Potential costs to sell property,
• Agreement by the spouses, and
• Retirement benefits of each spouse.

If a spouse decreases the value of assets through misconduct or attempts to conceal assets, the court may award the other spouse a greater share of marital property.

Spousal Support (Alimony)

During and after divorce, one spouse can request the other pay regular spousal support for a set time. Ohio courts consider the following factors when deciding whether to order spousal support:

• Each spouse’s income, retirement benefits, educational history, and relative earning capacity;
• Each spouse’s age, physical, mental, and emotional health;
• The length of the marriage;
• The needs of minor children;
• The marital standard of living;
• Each spouse’s assets and liabilities;
• Contributions one spouse made supporting the other’s education, training, and career;
• How long it would take and how much it would cost for the spouse seeking support to establish a higher earning capacity;
• Tax consequences; and
• Career or educational opportunities a spouse passed up to support the other.

When one spouse requests spousal support and the other opposes it, you offer evidence and legal arguments to the court.

Types of Costs Associated with Divorce in Ohio

What goes into divorce bills that make them so pricey? You may owe fees for the following:

• Your lawyer’s work,
• Filing,
• Mediation,
• Court time and documents,
• Valuation and accounting, 
• Expert witnesses,
• Health or psychiatric evaluations, and
• Transferring or selling property.

Some divorces involve few fees, while others might include all these and more.

Factors That Affect the Cost of Divorce in Ohio

Usually, attorney fees are the most significant individual cost of divorce in Ohio, particularly when your attorney dedicates a lot of time to your case. Some expenses are universal, and you might incur them regardless of whether your divorce is contested. Still, contested divorces often bring additional costs, especially when highly contentious.

Universal Factors

Factors that might increase or decrease general divorce costs can include whether you:

• Hire a lawyer for part or all of the case,
• Qualify for reduced court fees or special attorney fees based on income,
• Attend mediation,
• Have shared children,
• Need to divide property and debts, 
• Have complicated assets and debts, or
• Request or deny spousal support.

Even in an uncontested divorce, you typically negotiate some childcare and property issues. This negotiation can result in attending divorce mediation before you file for divorce.

Contested Divorce

In a contested divorce, your costs can rise depending on whether you:

• Disagree on only some or all issues;
• Get or have a protective order;
• Attend one or more pre-trial hearings;
• Need to have a spouse or child evaluated for health or psychiatric concerns;
• Go to trial; 
• Have to hire experts to provide evidence; and
• Have a relatively cooperative spouse.

Each of these circumstances requires more work from a lawyer, while some require you to hire additional services. 

If you and your spouse disagree on property and debt distribution, you may be particularly likely to incur additional costs. For example, your costs may rise if you need to:

• Hire one or more appraisers,
• Track down assets your spouse has attempted to hide, or
• Refinance a mortgage.

When your spouse is uncooperative, your costs related to the following legal work may grow:

• Establishing temporary child custody and support orders,
• Gathering information like medical reports and proof of income,
• Interviewing witnesses (depositions) and sending documents back and forth (discovery),
• Drafting and filing legal documents,
• Preparing witnesses for court, and
• Attending court hearings.

If your spouse is excessively combative or uncooperative, you can ask the court to order them to pay some or all your attorney’s fees. A court may order either spouse to cover the other’s fees if it’s fair to do so.

The Average Cost of Divorce in Ohio

So, we return to the basic question: How much does divorce cost in Ohio? 

The average cost of divorce in Ohio varies depending on whether or not the divorce is contested. And, in a contested divorce, your costs vary by just how much you disagree on and whether you reach a resolution outside of court.

How Much Does an Uncontested Divorce Cost in Ohio?

Providing a precise amount is difficult since many factors can affect the outcome. In the simplest divorce, where you don’t share children, need to divide property, or want spousal support, you might spend a few hundred dollars. However, an uncontested divorce usually costs a few thousand dollars.

How Much Does a Contested Divorce Cost in Ohio?

Contested divorce costs range significantly, typically costing ten thousand dollars or more. Ultimately, the less work your attorney has to do—the fewer issues you need help resolving—the less a contested divorce will cost.

Finding Cost-Effective Legal Help

Hiring an experienced, knowledgeable family lawyer may mean paying more than going through your divorce alone, but divorce lawyers prove essential in most divorces. Vantage Group Legal Services can help you find a lawyer with cost-effective services and the knowledge and experience to guide you through the divorce process.