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Ohio Revised Code

Ohio Rev. Code § 3105.17 (2026)

Complaint for divorce or legal separation

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
March 23, 2023
Latest Legislation:
Senate Bill 210 - 134th General Assembly
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(A) Either party to the marriage may file a complaint for divorce or for legal separation, and when filed the other may file a counterclaim for divorce or for legal separation. The court of common pleas may grant divorces for the causes set forth in section 3105.01 of the Revised Code. The court of common pleas may grant legal separation on a complaint or counterclaim, regardless of whether the parties are living separately at the time the complaint or counterclaim is filed, for the following causes:

(1) Either party had a husband or wife living at the time of the marriage from which legal separation is sought;

(2) Willful absence of the adverse party for one year;

(3) Adultery;

(4) Extreme cruelty;

(5) Fraudulent contract;

(6) Any gross neglect of duty;

(7) Habitual drunkenness;

(8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;

(9) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

(10) Incompatibility, unless denied by either party.

(B) The filing of a complaint or counterclaim for legal separation or the granting of a decree of legal separation under this section does not bar either party from filing a complaint or counterclaim for a divorce or annulment or obtaining a divorce or annulment.

(C) A decree of legal separation may be terminated by the court upon a motion signed by both spouses.

Last updated February 8, 2023 at 12:56 PM

Notes of Decisions
Cited in 90 cases (17 in the last 5 years), 1954–2026 · leading case: Blakemore v. Blakemore, 450 N.E.2d 1140 (Ohio 1983).
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Blakemore v. Blakemore, 450 N.E.2d 1140 (Ohio 1983). · cites it 2× ““(C) In an action brought solely for an order for alimony under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.”
Cherry v. Cherry, 421 N.E.2d 1293 (Ohio 1981). · cites it 2× ““(C) In an action brought solely for an order for alimony under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.”
Hoyt v. Hoyt, 559 N.E.2d 1292 (Ohio 1990). · cites it 2× ““(C) In an action brought solely for an order for alimony under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.”
Bolinger v. Bolinger, 551 N.E.2d 157 (Ohio 1990). · cites it 3× “” R.C. 3105.17 states in pertinent part: “Either party to the marriage may file a complaint for divorce or for alimony, and when filed the other may file a counterclaim for divorce or for alimony.”
Worthington v. Worthington, 488 N.E.2d 150 (Ohio 1986). · cites it 2× ““(C) In an action brought solely for an order for alimony under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.”
Ostanek v. Ostanek (Slip Opinion), 2021-Ohio-2319, 181 N.E.3d 1162. “” The General Assembly has granted the common pleas courts, and where applicable, their domestic-relations divisions, subject-matter jurisdiction over divorce actions, R.”
Nehme v. Immigr. & Naturalization Serv., 252 F.3d 415 (5th Cir. 2001). “§ 458:26 (2000); Ohio Rev.Code Ann. § 3105.17 (West 2000); S.”
Kahn v. Kahn, 536 N.E.2d 678 (Ohio Ct. App. 2d Dist. 1987). · cites it 2× ““(C) In an action brought solely for an order for alimony under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.”
Brandon v. Brandon, 2009-Ohio-3818. · cites it 2× “r personal property or interest in real or personal property that was acquired by one spouse prior to the date of the marriage; (iii) Passive income and appreciation acquired from separate property by one spouse during the marriage; (iv) Any real or personal property or interest…”
Okos v. Okos, 739 N.E.2d 368 (Ohio Ct. App. 6th Dist. 2000). · cites it 2× “personal property or interest in real or personal property that was acquired by one spouse prior to the date of the marriage; “(Hi) Passive income and appreciation acquired from separate property by one spouse during the marriage; “(iv) Any real or personal property or interest…”
Stevens v. Stevens, 492 N.E.2d 131 (Ohio 1986). · cites it 2× ““(C) In an action brought solely for an order for alimony under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.”
Middendorf v. Middendorf, 696 N.E.2d 575 (Ohio 1998). “The plain language of R.C. 3105.17(A)(3)(a)(iii) unambiguously mandates that when either spouse makes a labor, money, or in-kind contribution that causes an increase in the value of separate property, that increase in value is deemed marital property.”
Show all 90 citing cases →
Ohio Rev. Code § 3105.17(A): 3 cases
Ryan v. Ryan, 2024-Ohio-5691.
Gulley v. Gulley, 2018-Ohio-4192.
Brown v. Brown, 2013-Ohio-2709.
Ohio Rev. Code § 3105.17(A)(10): 1 case
McDowall v. McDowall, 2015-Ohio-3213.
Ohio Rev. Code § 3105.17(A)(3)(a)(iii): 5 cases
Middendorf v. Middendorf, 696 N.E.2d 575 (Ohio 1998). “The plain language of R.C. 3105.17(A)(3)(a)(iii) unambiguously mandates that when either spouse makes a labor, money, or in-kind contribution that causes an increase in the value of separate property, that increase in value is deemed marital property.”
Middendorf v. Middendorf, 82 Ohio St. 3d 397 (1998).
Lucas v. Lucas, 2011-Ohio-6411.
Flynn v. Flynn, 962 N.E.2d 368 (Ohio Ct. App. 12th Dist. 2011).
Garrett v. Garrett, 2016-Ohio-262.
Ohio Rev. Code § 3105.17(A)(3)(iii): 1 case
Kraft v. Kraft, 2014-Ohio-4852.
Ohio Rev. Code § 3105.17(A)(4)(a)(i): 1 case
Edelstein v. Edelstein, 2025-Ohio-1514.
Ohio Rev. Code § 3105.17(A)(4)(a)(vi): 1 case
Edelstein v. Edelstein, 2025-Ohio-1514.
Ohio Rev. Code § 3105.17(A)(9): 1 case
Guziak v. Guziak, 610 N.E.2d 1135 (Ohio Ct. App. 9th Dist. 1992).
Ohio Rev. Code § 3105.17(B): 4 cases
Feldmiller v. Feldmiller, 2012-Ohio-4621.
Huynh v. Haskell, 2013-Ohio-656.
Shapiro v. Shapiro, 615 N.E.2d 727 (Ohio Ct. App. 9th Dist. 1992).
Vogt v. Vogt, 586 N.E.2d 242 (Ohio Ct. App. 6th Dist. 1990).
Ohio Rev. Code § 3105.17(E): 1 case
Katz v. Katz, 2014-Ohio-1255.
Ohio Rev. Code § 3105.17(E)(1): 1 case
Devito v. Devito, 2024-Ohio-2234, 246 N.E.3d 992.
Ohio Rev. Code § 3105.17(E)(5): 1 case
Gadson v. Scott, 2025-Ohio-7.
Ohio Rev. Code § 3105.17(F)(9): 1 case
Sheterom v. Sheterom, 2018-Ohio-3377.
Ohio Rev. Code § 3105.17(G): 1 case
Smith v. Smith, 2016-Ohio-3223.
Ohio Rev. Code § 3105.17(I): 2 cases
Perkins v. Perkins, 2011-Ohio-2141.
Jowiski v. Gustafson-Jowiski, 2024-Ohio-197.
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