Grounds For Divorce In Ohio
Going through a divorce can be especially stressful if your spouse’s hurtful or reckless behavior contributed to the end of your marriage. It is important to find an experienced central Ohio divorce lawyer who can help you understand your options and protect your rights. At Baker & Wick LLC, in Columbus, our attorneys bring more than 40 years of combined experience to your case.
Filing For Divorce In Ohio
Ohio law recognizes both no-fault and fault-based reasons, or “grounds,” for a divorce. When you file for divorce, you must state one or more of these grounds in your complaint. One of the most common ways to secure a no-fault divorce in Ohio is to claim incompatibility. Often used in an uncontested divorce, this means that you and your spouse are unable to get along, and your marriage is broken beyond repair.
What Are The Fault-Based Grounds For Divorce In Ohio?
Ohio law lists several fault grounds for divorce. Unlike a no-fault filing, pursuing one of these grounds means you must prove that your spouse’s misconduct caused the marital breakdown.
Some of the statutory fault grounds for divorce include:
- Adultery: When a spouse engages in a sexual relationship outside of the marriage
- Extreme cruelty: This involves physical or emotional abuse that endangers the mental or physical health of the other spouse
- Willful absence: Your spouse has deliberately been absent for one year or more
- Habitual drunkenness: Consistent, excessive use of alcohol or drugs
- Gross neglect of duty: A failure to fulfill basic marital responsibilities such as financial support or care for the family
- Fraudulent contract: When one spouse was deceived or tricked into the marriage
- Imprisonment: Your spouse is incarcerated in a state or federal correctional facility when you file for divorce
- Bigamy: One party already had a living husband or wife at the time of the current marriage
An experienced divorce lawyer can evaluate the facts and circumstances of your situation to help you determine if a fault-based filing is the best option. We are mindful of costs and want to help you choose an efficient strategy for your divorce.
Do You Have To Prove Someone Was At Fault In An Ohio Divorce?
You have options in your divorce. You can choose to file a no-fault divorce, which often simplifies the divorce process and makes it faster. When you file for divorce based on fault, you will have to present evidence to the court to prove your claim. This evidence must extend beyond suspicion and allegations. For example, proving adultery requires evidence like testimony or financial records to prove your claim. This need for proof often makes a fault-based case more time-consuming and expensive.
However, proving fault may become strategically important in cases involving financial misconduct such as hiding assets or reckless spending. In such instances, the court may make an unequal division of marital property to compensate the harmed spouse. Fault may also play a role in child custody decisions if the misconduct, such as habitual drunkenness or extreme cruelty, impacts the child’s well-being.
Get Help From A Central Ohio Divorce Lawyer
When you file for divorce, the grounds you select can have a significant impact on the rest of your case, including complexity and cost. We provide responsive, one-on-one service to clients and work to set realistic expectations while being mindful of cost. We can help you choose the most strategic path for your future. To schedule an appointment, call us at 614-697-2627. You can also send us a message through our website.