Full question:
My husband was sentenced to 4 life terms in prison for murder and was sent to a maximum security prison 2 years ago. My life has been a living hell since then. I have been working two shifts to make the ends meet. However, I met a really nice guy a year back and I am planning to get married to him. This is a conscious decision I took taking into account the future of my child and myself. What do I do in this situation?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: Ohio
Answer:
In the above circumstance, it is not possible to remarry while a marriage subsists. That would lead to polyandry which is punishable in Ohio per ORC Ann. 2919.01. It reads:“(A) No married person shall marry another or continue to cohabit with such other person in this state.
(B) It is an affirmative defense to a charge under this section that the actor's spouse was continuously absent for five years immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time.
(C) Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree.”
The prudent option, in this case, is to file for a divorce from the former spouse on the grounds that the spouse is imprisoned in a state or federal correctional institution. Per ORC Ann. 3105.01 that governs the grounds for filing for divorce, imprisonment of the other spouse is a valid ground for divorce. It reads:
““The court of common pleas may grant divorces for the following causes:
(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
(B) Willful absence of the adverse party for one year;
(C) Adultery;
(D) Extreme cruelty;
(E) Fraudulent contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
