If most divorcing Ohio couples can agree on one thing, it’s about terminating their marriage based on incompatibility. If you and your spouse concur that neither of you did anything wrong and are simply incompatible, no-fault divorce will save you time, money and unnecessary emotional distress. In some cases, you may also cite that you’ve ceased cohabiting and have lived separately for at least a year.
However, if you intend to prove that you didn’t just fall out of love and that your spouse wronged you terribly, your option is a fault-based divorce. You may claim multiple grounds, but you must only prove one reason.
Finding fault
Ohio laws outline the following grounds or reasons why your marriage ended. Filing a fault-based divorce implies that your spouse caused the breakdown of your relationship.
- Extreme cruelty: Physical, mental, financial or any manifestation of abuse making it unsafe to live with your spouse
- Habitual drunkenness: Excessive alcoholism or drug addiction
- Adultery: Extramarital affair or illicit sexual relations with another person
- Fraudulent contract: Concealment of important information, lying or any manipulative behavior forcing you into the marriage
- Prior marriage: Having another living spouse at the time of your marriage
- Gross neglect of duty: Failing to uphold respect, faithfulness and support
- Imprisonment: If your spouse is serving jail time when you filed for divorce
- Willful absence: If your spouse left voluntarily and hasn’t returned for at least a year
- Out-of-state filing: If your spouse has already filed for divorce in a different state
You must prepare adequate evidence to support your claim. Additionally, it’s important to note that establishing several reasons can help you eventually when your spouse suddenly denies incompatibility to prevent divorce.
Impact on other divorce matters
It is understandably distressing to consider the possible ramifications of divorce grounds on other significant matters, such as child custody, spousal support and the division of property. However, the reasons for divorce actually have no bearing on these complex issues. Nonetheless, a legal advocate’s assurance proves invaluable before making any critical decision.
