Nancy L. Sponseller

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Ohio grounds for divorce and complaint

On behalf of Law Office of Nancy L. Sponseller posted on Monday, October 20, 2014.

All states have their own laws regarding divorce. While some states are what is known as strictly no-fault states, Ohio allows divorces alleging at-fault causes to be filed. The law outlines the different causes of action allowable in an Ohio divorce.

The allowable causes include several things. A person can file a divorce on the ground that the two are living separately or that one spouse deserted the other and has been gone for at least one year. Other grounds include adultery, imprisonment for a crime, extreme cruelty, alcoholism, entering into the marriage through fraud and incompatibility.

In order to file a petition for divorce, either spouse must have resided in Ohio for at least six months prior to the date of filing in order for the state to have jurisdiction over the matter. People initiate the divorce by filing a complaint for divorce with the court of common pleas in their jurisdiction. After the complaint is filed, the petitioner must have it served to the other spouse and then file proof of service with the court.

If an action is a contested divorce, meaning the other spouse is disputing either the divorce or some issues within the divorce, such as property division or child custody, it can be quite complicated. Many people choose to seek representation from a family law attorney during a divorce as an attorney may have greater familiarity with the process. Parties are required to disclose assets and income sources through certain schedules and to provide the other party with the documents for division of property purposes. Having an attorney to help navigate the complex judicial process and gather needed documents and review the relevant evidence may help provide a client with a better ability to advocate for their rights.

Source: codes.ohio.gov, “Chapter 3105: Divorce, Alimony, Annulment, Dissolution of Marriage “, October 19, 2014