The decision to divorce is often a difficult one to make. Most people want their marriages to work and may make many sacrifices and compromises to achieve that goal. However, many spouses eventually reach the conclusion that their marriage is not going to work.
They then have to begin the process of legally divorcing. Some Ohio spouses can quickly and amicably resolve all of their major issues. They can then proceed with a dissolution. Other times, one spouse may want to end the marriage while the other does not. There might be disagreements about how to share parental responsibilities or divide their property. One spouse may need to file for divorce and then seek arrangements to settle disagreements.
What circumstances give one spouse the justification they require to initiate a divorce?
There are many reasons to file for divorce
Ohio actually has an extensive list of grounds for divorce. Spouses can proceed with a no-fault divorce based on incompatibility as long as they both agree. If they do not, then other grounds may be necessary.
The spouses can divorce after living separately for at least a year. The other fault-based grounds for divorce include:
- bigamy (a pre-existing marriage to another party)
- desertion lasting at least a year
- adultery
- abuse or cruelty
- fraud at the beginning of the marriage
- gross neglect of marital duties
- habitual drunkenness
- the imprisonment of either spouse
Generally speaking, those pursuing a fault-based divorce need documentation affirming that they have qualifying circumstances. Many couples agree to pursue a no-fault divorce based on incompatibility. Many others eventually divorce after separating for a year or longer.
In scenarios where one spouse wants to pursue a fault-based divorce for adultery or another serious marital issue, they may need help gathering the necessary evidence to establish that their circumstances meet the necessary standard. They also need to prepare for the possibility of their spouses trying to defend against their claims in family court.
In many cases, the complexity of a fault-based divorce proceeding might outweigh the benefits derived from the process. Learning the basics about Ohio divorce statutes can help people as they prepare to file a petition with the family courts. While divorce can seem intimidating at first, people with the right information can move on from unhealthy marital relationships.