Grounds for Divorce in Ohio

The Reason for the Divorce

Choosing to end your marriage is a big decision to make. It’s important to understand the process so your expectations are realistic. One of the first things to learn is on what basis you can file for divorce. Here is what you should know about the grounds for divorce in Ohio.

No-Fault Reasons

Ohio Revised Code Section 3105.01 lists incompatibility as one of the reasons for divorce. Incompatibility is similar to what is commonly known as irreconcilable differences, meaning that there are such differences between the parties that the marriage cannot proceed further with any success. However, it is important to note that incompatibility can be granted only if both parties agree to it; if one person believes the marriage can be saved, then a divorce cannot be granted based on incompatibility.

Other Grounds

The same Ohio statute lists other reasons as grounds for divorce. These grounds include the following:

• One party had another spouse alive at the time of the marriage for which divorce is being considered.

• One party is willfully absent from the other for one year.

• One party commits adultery.

• One party exhibits extreme cruelty.

• One party exhibits gross neglect of marital duties.

• One party engages in habitual drunkenness.

• The marriage is based on a fraudulent contract.

• One party is imprisoned in a state or federal correctional facility at the time of filing for divorce.

• Both parties have lived separately and apart for at least one year.

• Either party has procured a divorce from another state and the procuring party is released from marital obligations (while the other party is still bound by those obligations).

If you are unsure which grounds you should choose when filing, it is important to have your attorney guide you through the process.

Using an Ohio Divorce Attorney

Regardless of the reason for a divorce, having a divorce attorney by your side is essential. A divorce attorney can help you determine the best course of action to get a good result while ensuring that the legal requirements are met. At Friedman & Mirman Co., L.P.A., we know that getting a divorce is not an easy decision. Know that you are not alone; we are here to help you.