Ohio is a mixed state when it comes to
divorce. This means that you can use either fault or no-fault grounds as the
basis for seeking a divorce. You might consider using fault grounds is to gain
an advantage in a contested child custody case or a dispute about the division
of marital property or the appropriateness or amount of alimony.
There are 11 grounds for divorce in Ohio.
They appear as a list in Chapter 3105.01 of Ohio Code. Two are considered no-fault
grounds: living separate and apart without cohabitation for one year and incompatibility.
The remaining nine grounds are known as “fault” grounds.
“No fault” divorce describes any divorce
where the spouse asking for a divorce does not have to prove that the other
spouse did something wrong. To get a no fault divorce, one spouse must simply
state a reason for the divorce that is recognized by the state, in Ohio this
can be either that the couple has been living separate and apart for one year
or that there is incompatibility. Incompatibility is a statement about the
condition of the marriage, and it does not mean that either spouse has
specifically done something wrong.
A claim of incompatibility means that the
couple has personality conflicts that are so severe that married life is
impossible and that the marriage probably should not have taken place. One
important thing to note about this ground is that it cannot be denied by one of
the parties. So if your spouse objects to incompatibility, then a different
ground will have to be used to get a divorce.
In Ohio, the fault grounds for divorce
include adultery, cruelty or violence, desertion, alcohol addiction,
imprisonment, validity of a prior marriage, fraudulent contract, gross neglect
of duty, and the procuring of an out-of-state divorce by one of the parties (an
out-of-state divorce may not release a party from marital obligations in Ohio).
One defense that is often seen when a
fault divorce is alleged is that there has been “condonation.” This refers to a
kind of forgiveness that means that the complaining spouse was aware of the bad
behavior but chose to continue to remain in the marriage anyway. For example,
if your spouse had an affair years ago and you forgave him, you cannot then file
for divorce based on his adultery. Fault behavior that is condoned cannot be
the basis for a divorce.
In order to file for a divorce in Ohio,
the plaintiff must have been a resident of the state for at least six months.
The divorce action is commenced when the petitioning party files a complaint
with the court of common pleas in the appropriate Ohio county.
If you find yourself facing the prospect
of divorce, contact an experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law attorney Carol
L. Gasper.
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