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Grounds for Divorce: Ohio

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

Grounds for Filing: The Petition for Dissolution of Marriage or Complaint for Divorce must declare the appropriate Ohio grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

No Fault (Dissolution of Marriage):

(A) lived separate and apart without cohabitation for one year;

(B) Incompatibility

Fault (Divorce):

(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought; (B) Willful abandonment for one year;

(C) Adultery;

(D) Extreme cruelty;

(E) Fraudulent contract;

(F) Any gross neglect of duty;

(G) Habitual drunkenness or drug abuse;

(H) Imprisonment;

(Ohio Code - Sections: 3105.01)

If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.

Related Divorce Resources:

- Start Your Ohio Divorce Today (5 Great Options!)
- Locate a Ohio Divorce Professional Near You
- Read More About Ohio Divorce Laws

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Ohio Divorce Source


Divorce Tip: # 38 Almost all states have a grace period after filing for divorce, before you can actually receive the final decree. Sponsored by: DivorceDex.com


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Copyright 1999 Daniel Sitarz - Unauthorized reproduction is prohibited
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