Ohio Grounds for Divorce

Ohio Grounds for Divorce

Divorce in Ohio is controlled by O.R.C (Ohio Revised Code) 3105. Under Ohio Law, a divorce legally terminates a marriage. This accomplished when one of the spouses files a Complaint for Divorce. The complaint lists the specific reasons for the need to divorce. The other spouse is required by law to respond to the complaint. many times the issues can be resolved through negotiation. If the issues can not be settled to the satisfaction of all parties, the divorce will proceed to a jury trial in front of a Judge and / or Magistrate.

Ohio Grounds for Divorce

Ohio Revised Code (O.R.C.) 3105.01 defines the causes or “grounds” for divorce in Ohio. It reads as follows:

The court of common pleas may grant divorces for the following causes:

a) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;

b) Willful absence of the adverse party for one year;

c) Adultery;

d) Extreme cruelty;

e) Fraudulent contract;

f) Any gross neglect of duty;

g) Habitual drunkenness;

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

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;

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

k) Incompatibility, unless denied by either party.

A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.

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