When an Ohio court is asked to end a legal marriage, the parties to the divorce proceedings are asked to provide a reason for their desire to terminate their union. In Ohio, individuals can claim grounds for divorce based on fault and no-fault rationales. This post will discuss some of the grounds for divorce available under state law but readers should consult with their own attorneys about their individual legal cases.
If the parties to a marriage agree that they simply should no longer be married, they may base their divorce on the no-fault grounds of incompatibility. One person may allege incompatibility, though the other spouse may deny that they are incompatible and create conflict in the proceedings. Couples who have been separated for at least a year may also file for no-fault divorces.
If a party wishes to allege fault to end their marriage then their claims must fall into one of several different categories. For example, the state of Ohio recognizes adultery as a fault grounds for divorce and also recognizes the failure of a person to end a prior marriage as a legitimate fault basis for terminating a marital union. Desertion, addiction, cruelty and violence may all serve as additional fault grounds to end legal marriages; there are advantages and disadvantages to all bases for divorce and it is useful for individuals to discuss their divorce questions with their family law lawyers.
In addition to providing a recognized basis for divorce, a person seeking to end their marriage must meet residency requirements and other procedural obligations in order to have their matter heard. Divorce can become a complex legal process and is often best handled with the support of a trained legal professional.