Ohio Grounds for Divorce
The Petition for Dissolution of Marriage or Complaint for Divorce are the initial documents filed with the Ohio court. It is in these documents that the filing spouse will request the court to terminate the marriage under certain specified grounds.
The court of common pleas may grant a divorce for the following causes:
No Fault (Dissolution of Marriage) Based Grounds: (A) Living separate and apart for at least 1 year;
(B) Incompatibility, unless it is denied by one of the spouses.
Fault (Divorce) Based Grounds: (A) When one of the spouses was previously married and never got a divorce; (B) Willful absence of the adverse party for at least a period of one year; (C) Adultery; (D) Extreme cruelty; (E) Fraud; (F) Any gross neglect of duty; (G) Habitual drunkenness; (H) Imprisonment; (I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party. (Ohio Code - Sections: 3105.01)
Every divorce case that is filed in the state of Ohio must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the Ohio grounds, visit the Ohio state statutes located at: http://codes.ohio.gov/.
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