Grounds for Divorce
Ohio Divorce Requirements
To terminate your marriage
in Ohio, it must be proven that you have grounds for the domestic relations court to grant your request. Section 3105.01 lists the eleven (11) legal grounds for divorce in Ohio. The grounds do not necessarily provide a litigation advantage, but at least one ground must be alleged and proven to have a divorce request granted. Here are the 11 ways/grounds to terminate your marriage in Ohio:
- Preexisting Spouse: At the time you were married to your current spouse, he/she was already married to another living individual.
- Willful Absence: Your spouse was willfully absent, meaning away from the marital home and relationship with purpose and/or intent, for at least one consecutive year.
- Adultery: Your spouse engaged in an extramarital affair and you can prove it.
- Extreme Cruelty: Your spouse engaged in acts and conduct which destroy your peace of mind and happiness that so seriously affects you, as to render the marital relationship intolerable. The conduct must be voluntary or intentional. It can include a wide range of hostile, aggressive, or disruptive acts which may affect your physical, emotional, or psychological well-being.
- Fraudulent Contract: You were induced to enter the marriage as a result of a fraudulent representation by your spouse that materially affects the essential elements of the marriage.
- Gross Neglect of Duty: Your spouse failed to fulfill a legal or an obligation established by the marriage. Simple neglect is not enough, as it must be severe. The most common type of gross neglect includes the failure to support the family.
- Habitual Drunkenness: Your spouse has a habit of frequently and habitually being drunk, so that your spouse is unable to attend to his/her marital duties.
- Imprisonment: Your Spouse is imprisoned in a state or federal correctional institution at the time of filing the complaint.
- Divorce in Other Jurisdiction: Your spouse secured a divorce outside of Ohio, and through the case was released from the obligations of the marriage, while those obligations remained binding upon you.
- Separate and Apart: You and your spouse have lived separate and apart continuously, without cohabitation and without interruption for at least one year.
- Incompatibility: You and your spouse have conflicts that are so severe that married life is rendering it impossible to remain together as husband and wife.
For more information about the grounds and ways to terminate a marriage in Ohio, contact one of our experience divorce attorneys today.