Grounds for a Divorce or Dissolution of Marriage

By Jamie Anderson | September 23, 2016

dissolution of marriageMarriages may be legally ended in one of two ways–divorce or dissolution of marriage. In order to obtain a divorce, one party must allege that his or her spouse has been at fault under one of the statutory grounds. The only true “no fault” grounds for divorce permitted by Ohio is “living separate and apart for one year without interruption and without cohabitation” and incompatibility not denied by either party.

A husband or wife may file a complaint for divorce in the domestic relations division of the local common pleas court or, if there is no domestic relations division, in the general division of the common pleas court. The complaint must allege, and the plaintiff (party filing the divorce complaint) must later prove, one or more of the following legal grounds for divorce:

  • adultery;
  • gross neglect of duty (e.g., failure to support the other spouse);one of the spouses was already married to another person at the time of their marriage to the second spouse (bigamy);
  • willful absence of the spouse from the plaintiff’s home for a continuous one-year period preceding the filing of the divorce case;
  • extreme cruelty;
  • fraudulent contract (fraudulent misrepresentations or promises made to the other party before the parties’ marriage);
    habitual drunkenness;
  • imprisonment of the other spouse;
  • the parties have for one year, without interruption, lived separate and apart without cohabitation (no-fault divorce grounds); or
  • incompatibility of the husband and wife, if alleged by one spouse in the divorce complaint and not denied by the other spouse (another type of no-fault divorce).

If you are considering terminating your marriage via a divorce or dissolution of marriage or have questions about divorce of dissolution of marriage, contact a qualified and experienced attorney. Contact Ohio Divorce Attorney, Jamie L. Anderson, for a free consultation today at (937)879-9542.

Visit www.Ohio Divorce Attorney.com to learn more about a divorce or dissolution of marriage.
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