Getting a Divorce with Children

To get a divorce in Cuyahoga County, you will need to file a set of forms and then go through the divorce hearing process. This can take 4 to 12 months, or more. This page will help you file the forms you need to get the process started. Read the divorce timeline to learn about the full divorce process in Cuyahoga County.

However, divorce isn’t the only way to end your marriage. If you feel that you and your spouse are able to agree on everything, including how to divide money and debt, you can consider filing for dissolution instead.

If you’re in an abusive relationship, consider speaking with a lawyer. Abuse can complicate a divorce. Working with a lawyer can help keep you safe while you end your marriage. 

Who can file for divorce?

In order to get divorced in Cuyahoga County, you must meet these requirements:

• You or your spouse currently live in Cuyahoga County and have lived there for at least 90 days.
• You have lived in Ohio for at least 6 months.
• If you or your spouse are pregnant, you can't finalize the divorce until the baby is born.

You do not have to be legally separated before getting divorced.

If you and your spouse live in different counties, you can choose which county you file in. You can file in a county where you have lived for more than 90 days or the one where your spouse has lived more than 90 days. 

Think through what you need

Before you file, you need to gather information and make some decisions. 

• Decide if you need a lawyer. A lawyer can help make decisions, file the paperwork and speak for you in Court. There are situations when it might be particularly important to get a lawyer, like if you have experienced domestic violence, or if the divorce could impact your immigration status.
• Gather and understand your financial information. You will need details on your incomes, debts and assets. Getting organized for your divorce or dissolution provides an overview of the kind of information you will need. Since you will swear that all your responses are true, you want to make sure they are both complete and correct.
• Consider your short-term needs. A divorce can take several months to over a year. To make sure you have what you need in the meantime, you can request a “temporary support order.” This can include spousal support (sometimes called “alimony”). It could also include requests to split property or for your spouse to pay certain bills.  
• Decide on the “grounds” (or reason) for divorce. Learn more about the different legal reasons you can give the Court for ending your marriage through divorce.
• Consider your tax requests. It's also important to think through which parent can say the child is their "dependent" for tax and other purposes. This has a number of important impacts. Having an another "member of your household" from a legal perspective can mean decreases to your taxes. You could gain access to more low-cost health care options for yourself as well as for your child. You could also gain increased benefits from programs like SNAP.

Filling out and filing the paperwork

On this site, you can use the Divorce with Children Form Assistant to fill out the forms you need to file with the Court. The Form Assistant will ask you some questions, which you can answer on any phone or computer. It can take a few hours to complete all the necessary information. You will be able to save your progress and return to complete your forms if you need to.

Once you have completed the forms and are ready to file:

• Print your completed forms. You can print your forms at any Cleveland Public Library for .10 per page. On Wednesdays, you can also print your forms at the Law Library, which is located on the fourth floor of the Cuyahoga County Court House at 1 W. Lakeside Ave.  You can print up to 25 pages for free at the Law Library. There is a fee of .20 per additional page. You should make at least one extra copy of your forms for your records.
• After you print your forms, you will need to sign your documents in front of a notary. The Law Library has staff who can notarize your forms for you. You also can find a notary by searching on your browser for “a notary near me.” The Help Center at the Domestic Relations Court also has staff who can notarize your forms for you.
• Bring your completed, signed and notarized forms to the Clerk of Court. The Domestic Relations Clerk of Court is located on the ground floor of the Cuyahoga County Court House at 1 W. Lakeside Ave.
• Give the clerk your forms to file. You also will need to pay the filing fee.

As of March 1st, 2024, the cost to file for a divorce with children in Cuyahoga County is $300. 

You also have the option to efile your forms. Learn more about efiling from the Cuyahoga County Clerk of Courts.

If you have a low income and can’t afford the filing fee, you can choose to add a Civil Fee Waiver Affidavit, or Poverty Affidavit, to create an additional form to file with your packet of documents. This form asks that you be allowed to file without paying a fee upfront. You may still be responsible for paying the fee at the end of the case.

If you have questions about the process of filing for divorce, you can contact the Help Center at (216) 443-8880.