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Divorce
Can I remarry if my husband is serving multiple life sentences?

Can I remarry if my husband is serving multiple life sentences?

Q: Is bigamy a crime in Ohio?

Yes, bigamy is considered a crime in Ohio. If you marry someone while still legally married to another person, it is classified as a misdemeanor (ORC Ann. 2919.01). Therefore, it is essential to finalize your divorce before entering into a new marriage.

Q: Can I get a divorce if my spouse is in prison?

Yes, you can file for divorce in Ohio if your spouse is in prison. Imprisonment for a year or more is recognized as a valid ground for divorce (ORC Ann. 3105.01). You will need to follow the legal process to initiate the divorce proceedings.

Q: What should I do if I want to remarry after divorce?

Once your divorce is finalized, you are free to remarry. It’s important to obtain a certified copy of your divorce decree to provide proof of your legal status when applying for a marriage license. Make sure to check any waiting periods that may apply in your state.

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: 04/07/2025
State: Ohio

Answer:

In Ohio, you cannot remarry while still legally married, as this would be considered bigamy, which is a misdemeanor (ORC Ann. 2919.01). However, you may file for divorce since your spouse is imprisoned. According to Ohio law, imprisonment of a spouse is a valid ground for divorce (ORC Ann. 3105.01). This law states that the court can grant divorces for various reasons, including the imprisonment of a spouse at the time of filing.

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.

FAQs

What are the grounds for divorce in Ohio?

In Ohio, there are several grounds for divorce, including the imprisonment of a spouse. If your spouse has been incarcerated for a year or more, you can file for divorce based on this reason (ORC Ann. 3105.01). Other grounds include adultery, extreme cruelty, and abandonment. It’s important to consult with an attorney to understand the best course of action for your situation.

Is bigamy a crime in Ohio?

Can I get a divorce if my spouse is in prison?

How long does a divorce take in Ohio?

The duration of a divorce in Ohio can vary widely depending on the complexity of the case and whether both parties agree on the terms. An uncontested divorce may take a few months, while a contested divorce can take much longer, sometimes over a year. Factors such as custody disputes and division of assets can impact the timeline.