Understanding When You Should File for Divorce

Date Posted:March 20, 2016 | Categories:

when your should file for divorce

Only you can decide when a marriage is so broken that the best thing to do is end the relationship. That written, knowing the legal grounds Ohio recognizes for granting a divorce can help you understand if you will be able to have a court approve your request to be free of your spouse. You will also benefit from knowing how to avoid a lengthy court battle if both you and your partner agree that dissolving the marriage makes sense.

Grounds for Divorce in Ohio

Section 3105.01 of the Ohio Revised Code lists the following causes for granting a divorce:

  • Willful absence of a wife or husband for at least one period of 12 uninterrupted months (i.e., abandonment)
  • Mutual separation for at least one year (i.e., agreeing to live separately for 12 uninterrupted months)
  • Incompatibility when both you and your spouse agree
  • Adultery
  • Extreme cruelty, including physical, verbal, and/or emotional abuse
  • Fraudulent contract, including bigamy and lying about one’s identity
  • Gross neglect of duty, such as a refusal to use earnings to support the household or care for children
  • Habitual drunkenness and drug addiction
  • Spouse’s current and ongoing imprisonment in a state or federal correctional institution

You may also need to file for divorce in Ohio if your spouse notifies you that he or she has procured a divorce decree in another state. Because marriage and divorce laws vary from state to state, it may be possible for your spouse to have a court issue of document that releases only him or her from the original marriage contract.

Definitely speak with an Ohio divorce attorney if your spouse presents you with signed divorce papers from out of state. Your partnership is likely beyond saving, but you may need to satisfy other legal requirements to fully break the contract.

Dissolution: The So-Called ‘No-Fault Divorce’

Some couples just fall out of love or grow apart. No violence, alienation of affection, or financial betrayal occurs; they can just no longer stay married to each other and remain emotionally healthy and satisfied. For such couples, Ohio law offers the legal solution of dissolution.

For all legal purposes, a marriage dissolution in Ohio is a divorce. The primary distinction involves the process spouses follow while pursuing the end of their marriage. First, unlike with a divorce, both parties request the dissolution at the same time. Only one person in a marriage has to file a petition for divorce.

The request for dissolution must also be negotiated between the spouses beforehand. Whereas in a divorce proceeding, motions and mediations regarding property division, spousal support, and child custody occur after a court takes the case, parties to a dissolution petition work out those details and then go to court. Of course, reaching agreements can still be contentious and emotionally fraught. Collaborating with an experienced family law attorney while putting together a marriage dissolution petition may help you achieve your preferred outcomes.

The Ohio divorce attorneys with Edward F. Whipps & Associates are always ready to answer your questions. Schedule an appointment by calling (614) 461-6006 or completing this contact form.