Grounds for Divorce in Ohio

Divorce can happen suddenly because of infidelity or domestic violence. Or it may be the result of several unhappily married years. Regardless of why you feel your marriage may be over, consulting with an experienced divorce lawyer is the single most important decision you can make. With the help of a knowledgeable attorney, you can gain a better understanding of the law as well as the overall divorce process.

One of the first things a skilled family lawyer will tell you, is that you can file for a no-fault divorce in Ohio. This means that you do not have to cite a reason for seeking a separation. If you would like to file for a no-fault divorce in Ohio, you must be able to demonstrate one of the following:

  1. You have lived apart —you and your spouse have lived separate and apart for at least one year.
  2. You are not compatible —you and your spouse are incompatible.

Proving that you and your spouse have lived apart is pretty easy and straightforward. Showing that you are incompatible is not as simple. To meet this requirement, both you and your spouse must agree that you are no longer compatible with each other. If you claim incompatibility but your spouse disagrees, you will not be able to successfully file for a no-fault divorce. Instead, you will have to pursue a fault divorce proceeding. This is why every no-fault divorce filing also gives at least one “at-fault” divorce reason as well.

Fault divorce in Ohio

You may request a divorce based on the fact that your spouse’s misconduct or actions have led to the breakdown of your marriage. Here are the acceptable grounds to file for an at-fault divorce in Ohio:

  • Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
  • Willful absence of the adverse party for one year;
  • Adultery;
  • Extreme cruelty;
  • Fraudulent contract;
  • Any gross neglect of duty;
  • Habitual drunkenness;
  • Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
  • 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;

To file for divorce in Ohio, you must have lived in the state for at least six months and you or your spouse must have lived in the county where you are filing for at least 90 days.

Contact a seasoned divorce lawyer in Columbus

Whether you need help filing for divorce, or resolving a fierce child custody battle, attorney Jennifer Nielsen is ready to provide you with compassionate guidance at every turn. Contact Jennifer Nielsen today for a 30-minute consultation or call 614-505-5555 to discuss your case.