Ohio law recognizes several legal reasons for divorce. These include both fault-based and no-fault options, ensuring that individuals can dissolve their marriage for reasons ranging from incompatibility to more severe issues like abuse or neglect.
The following fault-based grounds require one spouse to prove that the other caused the breakdown of the marriage.
If your spouse had a physical relationship with someone else during the marriage, this is considered adultery. Proving adultery may require text messages, photos, or witness testimony.
If you’ve endured physical or emotional abuse, this constitutes extreme cruelty. For example, ongoing threats or violent behavior that make your marriage unsafe qualify under this ground.
If you were misled or coerced into marriage, this is considered a fraudulent contract. For instance, discovering after marriage that your spouse concealed significant financial or legal issues can justify a divorce.
A spouse failing to fulfill their marital responsibilities, such as financial support or caregiving, may be guilty of gross neglect of duty. This could include abandoning financial obligations, leaving you to shoulder all the burdens.
If your spouse struggles with alcohol or drug addiction, and it significantly impacts your marriage, you can cite habitual drunkenness as grounds.
When filing, a spouse’s incarceration in a state or federal facility can serve as grounds for divorce.
If your spouse has been absent without explanation for at least one year, this is grounds for divorce.
As a no-fault divorce state, Ohio law does allow couples to end their marriage without assigning blame. However, the reasoning for divorce must be cited in the petition.
Common non-fault divorce justifications include incompatibility, where both spouses agree they no longer get along and living separate and apart for at least one year without cohabitation. These options make the process quicker and less contentious, avoiding the need to prove wrongdoing.
In contrast, fault-based divorces require evidence of misconduct, such as adultery or neglect, which can complicate proceedings but may influence decisions like custody or property division. While no-fault divorces are often more efficient and amicable, fault-based divorces may be necessary in cases involving serious issues. The choice depends on your circumstances and goals.
Whether fault-based or no-fault, the reason for your divorce generally will not impact how the court determines issues like property division, child custody, or spousal support. Ohio law focuses on equitable outcomes and children’s best interests rather than assigning blame. Your marital assets, debts, and parenting plans should be handled fairly, not based on fault.
However, certain factors tied to fault-based grounds may influence specific decisions. Evidence of abuse or extreme cruelty could affect custody rulings to ensure the child’s safety. Similarly, proof of financial misconduct, such as hidden assets or irresponsible spending, may impact how marital property is divided. On the other hand, no-fault divorces often allow for quicker resolutions, as they avoid contentious disputes.
Navigating these complexities can feel overwhelming, especially when emotions run high. A qualified divorce attorney can help you understand how your chosen grounds may interact with the unique aspects of your case.
Have Questions About Grounds for Divorce?
The first step is to schedule a consultation with our team at Gavvl. This meeting will help us understand your concerns and develop a clear plan. We’re here to support you. Gavvl serves clients across Ohio, including in Columbus, Cincinnati, and Cleveland.
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No-fault divorce requires no proof of wrongdoing and is based on mutual agreement or living apart. Fault-based divorce requires evidence of misconduct, such as abuse or neglect, which can complicate proceedings but may influence property or custody decisions.
Incompatibility means you and your spouse agree that you no longer get along. Both parties must agree to cite incompatibility, or the divorce may need to proceed on other grounds.
Fault-based divorce requires evidence such as photos, witness testimony, police reports, or other documentation to prove the cited misconduct, such as adultery or extreme cruelty.
Citing multiple grounds can strengthen your case if one ground is disputed. For instance, pairing incompatibility with living apart can help prevent delays.
If your spouse denies the grounds, you may need to provide evidence to prove the claim in court. This is more likely in fault-based divorces than no-fault cases.
If you and your spouse have lived separately and without cohabitation for at least one year, it qualifies as grounds for a no-fault divorce in Ohio.
Fault-based divorces often require more time due to the need for evidence and potential disputes, whereas no-fault divorces are typically faster and less contentious.
Going through a divorce alone is stressful and confusing. Start with a quick phone call or online form, and we’ll offer a low cost 30-minute consultation with a Gavvl attorney to understand your reason for seeking a divorce and your overall needs.
We’ll then create a custom legal plan and assemble a team based on your situation, location, and urgency. Additionally, we provide 24/7 access to your case, easy communication with your lawyer, and the option to pay only for the services you need, ensuring a more straightforward and stress-free process.
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