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GROUNDS FOR DIVORCE IN OHIO

 

The Ohio Revised Code lists the causes that entitle you to a divorce in Ohio.  If you want to end you marriage and your spouse does not or if you can't agree on things such as child custody or  property division,  a dissolution may be out of the question and a divorce your only alternative.  In that event, you will have to claim and prove that one of these causes exist before the court will grant the divorce. 

§ 3105.01. Divorce causes

 

The court of common pleas may grant divorces for the following causes:

 

(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;

 

(B) Willful absence of the adverse party for one year;

 

(C) Adultery;

 

(D) Extreme cruelty;

 

(E) Fraudulent contract;

 

(F) Any gross neglect of duty;

 

(G) Habitual drunkenness;

 

(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;

 

(I) 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;

 

(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

 

(K) Incompatibility, unless denied by either party.

A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.

 

Cite as R.C. § 3105.01

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