October 27, 2021

When you and your spouse decide to divorce, likely things have not been going well in your marriage for some time. In most cases, both parties are unhappy in the marriage and decide to separate. Sometimes there is no defining event, just a slow progression. Will that hurt your chances of getting divorced? Do you need a reason to file for divorce?

Why People Get Divorced

Research shows that relationships, particularly romantic relationships, change over time, and for some couples, these changes can develop into incompatibility. These changes can answer the question of why do people get divorced. When asked, most couples who divorce cite a lack of commitment, too much arguing, lack of equality in the relationship, unrealistic expectations. Infidelity, addictions, and abuse are other reasons that couples give for divorce, but the vast majority of couples who divorce say it was due to irreconcilable differences. They simply aren’t happy and want to move on from the marriage.

Do I Need to Have a Reason to File for Divorce?

You do need to have “grounds”, which is the legal reason for your divorce. You can always get a divorce if you want one, no matter what the situation is, but you will need to choose your grounds for divorce. Your grounds may be “fault” or “no fault”.  When people talk about “no fault” divorce in Ohio, it usually means that the parties agree that they are incompatible but neither person is to blame. A “fault” divorce means one person did something so wrong that the marriage needs to end. If you file for divorce with a “fault” ground, you will need to prove the fault in front of a judge. Most couples choose incompatibility, citing an irretrievable breakdown of the marriage.

What Are the Grounds for Divorce in Ohio?

Every state has different divorce laws, and it is important to understand the laws in your state. Ohio has grounds that are considered legally acceptable for a divorce. These grounds are:

• Pre-Existing Spouse

This ground is for those whose spouse already had a living spouse whom they were still married to at the time of marriage.

• Willful Absence

For one consecutive year or more, your spouse was purposefully and intentionally absent from your marital home.

• Adultery

You can prove that your spouse had an affair.

• Extreme Cruelty

Your spouse engaged in acts and conducts, voluntarily and intentionally, that destroy your happiness and peace of mind. The cruelty encompasses a wide range of hostile, aggressive, or disruptive acts that impact you physically, emotionally, or psychologically.

• Fraudulent Contract

You were convinced to enter into the marriage as a result of fraudulent representation by your spouse.

• Gross Neglect of Duty

Usually this is the failure to support a family. Simple neglect is not enough, it needs to be severe.

• Habitual Drunkenness

Your spouse is frequently and habitually drunk, and therefore cannot attend their marital duties.

• Imprisonment

Your spouse is in state or federal prison at the time of filing.

• Divorce in Other Jurisdiction

If your spouse secured a divorce outside of the state, but the obligations are still binding on you as a resident of the state.

• Separate and Apart

You and your spouse have been separated and have lived apart continuously for at least one year.

• Incompatibility

You have conflicts that are unable to be reconciled, making it impossible to stay together.

When you are ready to seek divorce in Ohio, speak to an attorney about the steps you and your spouse will go through when filing for divorce. Your attorney can help you find the right grounds and guide you through the process. If you’re going through a divorce or thinking about filing for divorce, and you have questions, please contact my office today.