QUESTION 1.
CAN ANYONE, FOR ANY REASON, FILE FOR A DIVORCE?
ANSWER:
ANY MARRIED PERSON CAN FILE, BUT NOT FOR ANY REASON. OHIO LAW LISTS THE GROUNDS (OR REASONS) THAT MUST BE STATED AND PROVEN IN COURT, ALLOWING THE COURT TO GO FORWARD AND ORDER A DIVORCE.
2. QUESTION:
WHAT ARE THE MOST COMMON GROUNDS THAT PEOPLE ALLEGE TO THE COURT?
ANSWER:
TYPICALLY, WE REGULARLY SEE THREE GROUNDS STATED, ALTHOUGH THERE ARE MORE GROUNDS AVAILABLE:
- GROSS NEGLECT OF DUTY
- EXTREME CRUELTY
- INCOMPATIBILITY
3. QUESTION:
WHAT IS INCOMPATIBILITY?
ANSWER:
IF THE PLAINTIFF, FOR INSTANCE STATES INCOMPATIBILITY AND THE DEFENDANT AGREES, THEN THIS IS WHAT WE CALL IN OHIO A “NO FAULT” DIVORCE, SIMILAR TO THE TERM “IRRECONCILABLE DIFFERENCES” THAT OTHER STATES HAVE. THIS MEANS THAT YOU DON’T HAVE TO AIR THE FAMILY’S DIRTY LAUNDRY, SO TO SPEAK. THE COURT WILL ACCEPT BOTH PARTIES STATING INCOMPATIBILITY, AND IT DOES NOT HAVE TO BE PROVEN BY FURTHER TESTIMONY.
4. QUESTION
WHAT ARE THE OTHER GROUNDS THAT CAN BE STATED TO ALLOW THE COURT TO ORDER A DIVORCE, ONCE THESE GROUNDS ARE PROVEN?
ANSWER:
THE OTHER POSSIBLE GROUNDS TO CHOOSE FROM ARE:
- BIGAMY (THE EXISTENCE OF A LIVING SPOUSE AT THE TIME OF THE MARRIAGE)
- WILLFUL ABSENCE FOR AT LEAST ONE YEAR
- FRAUD
- HABITUAL DRUNKENNESS
- IMPRISONMENT AT THE TIME OF FILING THE COMPLAINT FOR DIVORCE
- OBTAINING A DIVORCE OUTSIDE OF OHIO WHICH DIVORCE CAUSES THE OTHER PARTY TO BE RESPONSIBLE FOR ALL MARITAL OBLIGATIONS
- LIVING SEPARATE AND APART FOR OVER ONE YEAR
5. QUESTION:
WHILE MOST OF THESE APPEAR SELF EXPLANATORY, CAN YOU EXPLAIN THE LAW’S DEFINITION OF FRAUD AS A GROUND?
ANSWER:
A MATERIAL MISREPRESENTATION BY ONE PARTY THAT THE OTHER PARTY RELIED UPON AS TRUE COULD BE CONSIDERED FRAUD.
FOR INSTANCE, IT MAY BE FRAUD IF A MAN PRIOR TO MARRIAGE STATES THAT HE WISHES TO HAVE CHILDREN, AND THE WOMAN RELIES ON THIS AND MARRIES HIM, ONLY TO FIND OUT AFTER THE WEDDING THAT HE NEVER INTENDED TO HAVE CHILDREN. THAT IS JUST ONE EXAMPLE OF MANY THAT MAY CONSTITUTE FRAUD. CERTAINLY, BIGAMY AND FRAUD GO TOGETHER, TOO. IF THE WIFE FINDS THAT HER HUSBAND NOW HAS TWO WIVES, SHE CAN CLAIM BIGAMY AS WELL AS FRAUD.
Articles appearing herein are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.
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