Article Summary

When filing for divorce in Ohio, you must state your legal grounds. The most common choice is “incompatibility” — a no-fault option that assigns no blame and keeps the process simpler. Ohio also recognizes fault-based grounds like adultery, extreme cruelty, and habitual drunkenness, but in most cases the grounds you choose won’t significantly affect property division or support. If you allege fault-based grounds and your spouse disputes them, you’ll need evidence to back it up. An attorney at Kirkland & Sommers can help you determine which grounds fit your situation and what’s worth pursuing.

Understanding Grounds for Divorce in Ohio

First of all – what are “grounds”?

Grounds are simply the legal reasons under which it is appropriate to file for a divorce in Ohio. When you file a petition for divorce in Ohio, you have to state your grounds, so you will need to choose one from the list of grounds that Ohio approves. Grounds for divorce have historical roots in legal systems worldwide. They serve as the legal basis for ending a marriage and can vary significantly between jurisdictions. Understanding these grounds is crucial for anyone considering divorce, as they form the foundation of the legal process. The concept of grounds for divorce has evolved over time, reflecting changing societal attitudes towards marriage and divorce.

Incompatibility

The most common grounds for divorce that many divorcing couples use is “incompatibility”. By choosing incompatibility, neither party is assigning blame. It’s just a way of saying that you no longer get along, and that the marriage is broken beyond repair. Incompatibility is often seen as a ‘no-fault’ ground for divorce, but it’s the the same as an uncontested divorce. It acknowledges that sometimes marriages break down without either party being at fault. This ground can make the divorce process less contentious and emotionally draining for both parties involved. Choosing incompatibility as grounds for divorce can often lead to a more amicable separation and potentially smoother negotiations regarding asset division and child custody arrangements.

Other Ground for Divorce

While incompatibility is a common and straightforward ground for divorce, Ohio law recognizes several other specific reasons that may justify the dissolution of a marriage. These additional grounds often address more severe issues within the marital relationship. In addition to incompatibility, Ohio law offers several other grounds under which it is appropriate to file for divorce. These include:

1. Either spouse already had a husband or wife living at the time of the marriage from which the divorce is sought (bigamy);
2. Willful absence of the adverse party for one year;
3. Adultery;
4. Extreme Cruelty;
5. Fraudulent contract;
6. Any gross neglect of duty;
7. Habitual Drunkenness;
8. Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
9. One spouse procured a divorce outside of Ohio, thereby releasing them from the obligations of marriage while those obligations remain binding on the other party (here’s how you can check to see if your spouse has filed for divorce elsewhere); and
10. When husband and wife have lived separate and apart, without cohabitation, for at least one year without interruption. (You can find out more about how moving out before filing for divorce will impact the process here.)

Do the grounds for divorce matter?

If your main goal is just to terminate the marriage, then the grounds don’t matter much, which is why so many couples choose incompatibility. Grounds don’t typically impact spousal support, child support, or division of property in Ohio either, with the exception of abandonment or imprisonment. In reality, the most common instance when grounds become an issue are when one or both parties have religious beliefs that prevent them from being able to consent to grounds of incompatibility. However, in some cases, the grounds for divorce can have implications beyond just ending the marriage. For instance, in cases involving domestic violence or child abuse, the grounds can impact custody decisions and protective orders. Additionally, in some jurisdictions, fault-based grounds might influence property division or alimony awards. It’s important to consult with a legal professional to understand how the grounds for divorce might affect your specific case.

Proving Your Grounds

If you file a petition for divorcing alleging specific grounds and your spouse disagrees, you will need to be prepared to prove it. You will need evidence, documentation, and perhaps witnesses who can attest to the behavior you are alleging. The burden of proof typically falls on the party alleging the grounds. This can involve presenting various forms of evidence, such as financial records, medical reports, or testimony from witnesses. The specific requirements for proof can vary depending on the grounds alleged and the jurisdiction’s laws. It’s crucial to gather and organize all relevant evidence systematically, as the strength of your case often depends on the quality and quantity of proof you can provide to support your grounds for divorce.

Seeking Legal Representation

Given the complexity of proving grounds for divorce and the potential impact on the outcome of your case, it’s crucial to seek professional legal guidance. A reputable family law firm with lawyers who specialize in divorce and dissolution of marriage will be able to advise you as to whether you have any grounds for divorce other than incompatibility. An experienced divorce and family lawyer will be able to explain the type of evidence you may need to prepare so that you can begin collecting the appropriate records and documentation. Keep in mind that what you see as extreme cruelty or gross neglect of duty may not be viewed the same way in a court of law. A good divorce attorney will help you view the behavior in an objective manner and explain the legal definitions of the various grounds.

Schedule a Consultation

Now that you understand the importance of grounds for divorce and the value of legal representation, the next step is to seek professional advice tailored to your specific situation. If you’re unsure whether your spouse’s behavior rises to the level of grounds for divorce, come in and ask the experts at Kirkland & Sommers. We only practice family law, so we are the experts when it comes to divorce and dissolution in Southwest Ohio. The trusted lawyers at Kirkland & Sommers have more than 100 years of combined experience, and several have obtained fellowship in the Ohio Academy of Matrimonial Lawyers, the highest recognition a divorce lawyer can attain. We’ll work with you to develop a relationship and determine the best path forward. Your justice is our priority! Call us at our Dayton or West Chester offices, or simply click the link below to get started.