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, both fault and no-fault ground are accepted by the courts in granting a divorce to the spouses. ORC Ann. 3105.01 enumerates the grounds for obtaining a 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.
A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.”
In the given case, the spouses have been living apart from each other for over a year. Per clause (J) of the ORC Ann. 3105.01 the court may grant a divorce to the spouse who files for a divorce when they have been living separately for over a years’ time.
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.
