People considering divorce in Ohio frequently have questions about the process. They are unsure of how the courts handle custody matters or what happens with their shared property. They may also feel uncertain about whether their circumstances justify a divorce.
Spouses in Ohio have the protection of relatively thorough divorce statutes. People who understand the law can feel more confident about their ability to successfully file for divorce. What are the grounds for divorce in Ohio?
Many people choose no-fault divorces
Every state has different grounds for divorce. Ohio’s divorce statutes are relatively thorough. The state acknowledges both no-fault and fault-based divorces. The legal basis for a no-fault divorce requires a claim of spousal incompatibility.
Spouses also have the option of pursuing a fault-based divorce in specific scenarios. The legal justifications for a fault-based divorce include:
- bigamy (marrying a new spouse while still married to another person)
- adultery
- abuse/extreme cruelty
- fraudulent misrepresentation prior to the marriage
- failing to fulfill marital duties
- habitual drunkenness
- abandonment lasting a year or longer
- imprisonment
Spouses must have proof of qualifying circumstances to pursue a fault-based divorce.
Many couples choose to pursue no-fault divorces even in scenarios where a fault-based divorce could be an option. Lower conflict levels and faster overall divorce proceedings may motivate that decision.
Discussing marital concerns with a family law attorney can help people recognize whether no-fault or fault-based divorce proceedings might be better for their circumstances. Those who prepare in advance before filing for divorce can feel more confident about what life will be like after the end of their marriage.