Many couples begin the dissolution process while already living in separate homes, sometimes in completely different counties. This is a common situation in Ohio, and the good news is that it does not prevent you from moving forward. But the county you choose to file in can shape the timeline, convenience, and overall experience of your case. Understanding how Ohio’s residency rules work—and how to make strategic choices—can help you start the process smoothly. At Garretson & Holcomb, LLC, we help couples in West Chester Township and across the region work through these decisions with clarity and confidence.
Where to File for Dissolution in Ohio
Ohio law gives couples some flexibility when choosing where to file, even if they live in different counties. The key rule is that your dissolution petition must be filed in a county where at least one spouse lives. You do not have to file where you were married or where your children were born—current residency is what matters.
To file, one or both spouses must meet Ohio’s basic residency requirements. You must have lived in Ohio for at least six months before filing. In addition, you must have lived in the county where you file for at least 90 days. If only one spouse meets the county rule, that spouse’s county becomes the eligible location for filing.
This gives separating couples a clear starting point. If you live in Butler County and your spouse lives in Warren County, you can file in either county as long as the residency requirements are satisfied. If your spouse moved recently and has not yet met the 90-day rule in their new county, then your county may be the only option until they reach the deadline. These rules are meant to keep filings tied to real residency while still giving families enough flexibility to choose a courthouse that makes sense for them.
Choosing the Right County Court
Even when both counties are technically available, choosing which court to file in deserves careful thought. Each county has its own schedule, internal processes, and approach to handling dissolution cases. Many families choose the most convenient courthouse, but convenience can mean more than simply being closest to home.
Some courts have heavier caseloads than others, which can affect how quickly your hearing is scheduled. Other courts are known for more efficient processing or more predictable timelines. The location of the courthouse can also matter if both spouses still share responsibilities for children, work unpredictable hours, or have transportation limitations. In some cases, couples choose the county that offers the smoothest scheduling experience, especially if they are trying to resolve their dissolution quickly.
We can help you compare options and think through these practical concerns before you file. A well-chosen court can make the experience easier from start to finish.
Logistics of Living in Different Counties
Living apart in different counties rarely causes legal issues for a dissolution, but it can affect the logistics. Ohio requires both spouses to attend the final hearing. This is different from divorce, where hearings can be more frequent or more complex. In dissolution, both spouses appear once to confirm the terms of the agreement.
If you and your spouse live in different counties, you will still need to plan for travel to the courthouse where the case is filed. In some situations, courts offer virtual or remote appearances, although availability varies by county. These remote appearances can reduce travel time, especially for spouses who work long hours or live far from the courthouse.
If remote hearings are not available, couples may want to choose the county that is more accessible to both of them. This is particularly important when children, work schedules, or medical limitations make travel difficult. We help families plan ahead so the required appearance is as easy and stress-free as possible.
How Living Apart Affects the Agreement
Beyond where you file, living in different counties can influence the details of your dissolution agreement. Couples with children may have additional considerations. Co-parenting arrangements work best when both parents account for the distance between counties, school districts, and the time required to travel for exchanges. Some families choose halfway exchange points or adjust parenting schedules to reduce back-and-forth travel during the school week.
Property division may also look different when each spouse is managing a separate household. Decisions about who keeps furniture, vehicles, or household items often become more practical once each spouse has a clear picture of their living situation. Finances may be more complex as well. Supporting two separate homes often changes how savings, debts, or monthly expenses are handled in the final agreement.
Living in different counties can also affect tax-related decisions. You may have different local tax rates, school district taxes, or address-based requirements. These are small details, but they matter when you are building a long-term, workable plan.
A strong dissolution agreement recognizes the reality of living apart and addresses these issues directly. Our team works to help you think through day-to-day life after dissolution so your agreement holds up in the long run.
FAQ Section
Can we file in a third county that’s not where we live?
No. Ohio does not allow couples to file in a county where neither spouse lives. You must choose a county where at least one spouse meets the 90-day residency requirement. Filing in a county with no connection to either spouse is not permitted under Ohio law.
Does the county affect how long dissolution takes?
It can. Every county has its own schedule and caseload. Some courts move quickly, and others have longer wait times due to heavy demand. Filing in a county with a lighter docket may speed up your hearing date. We can help you understand the practical timeline differences before you choose a courthouse.
Do both spouses need to go to the same courthouse?
Yes. Whether in person or virtually, both spouses must attend the same final hearing. Only one courthouse will handle the entire case from filing to finalization. If you live far apart, you may want to file in the county that is most convenient or choose a court that offers remote appearances if available.
Living apart in different counties will not prevent you from filing for dissolution in Ohio. In fact, many couples file during a period of separation. But deciding where to file is an important step that can shape the timeline and convenience of your case. A thoughtful approach can make the process smoother, especially if you and your spouse already manage separate households.
If you have questions about residency requirements, court options, or how living apart might affect your agreement, we are here to help. Garretson & Holcomb, LLC serves families throughout West Chester Township and the surrounding communities. Call us at (513) 863-6600 for guidance tailored to your situation and support through each step of your dissolution.
