How can I get a divorce after living apart for two years?

Full question:

My husband and I have been living apart for the past two years. It doesn’t look like we are ever getting back together. We have had ego clashes and work-related disagreements which caused the rift between us as we work in rival financial firms. I want to move on with my life and start afresh. I don’t have any particular fault to point out in my marriage which is convincing enough for the court to grant me a divorce. What do I do to end the marriage?

  • Category: Divorce
  • Subcategory: Grounds
  • Date:
  • State: Ohio

Answer:

In Ohio, you can obtain a divorce on either fault or no-fault grounds. According to Ohio Revised Code Ann. 3105.01, the court may grant divorces for several reasons, including:

  • Willful absence of one party for one year
  • Adultery
  • Extreme cruelty
  • Incompatibility, unless denied by either party
  • Living separately for over one year without cohabitation

Since you and your husband have been living apart for over two years, you may file for divorce under clause (J) of the statute. This allows the court to grant a divorce when spouses have lived separately and apart for more than one year.

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

If your spouse has abandoned you, it's important to document the situation. Gather evidence of their absence and any communication attempts. You may want to consult with a family law attorney to discuss your options, including filing for divorce on the grounds of abandonment if applicable. In Ohio, abandonment can be a basis for divorce under fault grounds, but you may also consider no-fault options if you have lived apart for over a year.