Grounds for Divorce
Grounds For Divorce in Ohio
§ 3105.01. Grounds for divorce.
The court of common pleas may grant divorces for the following causes:
(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
(B) Willful absence of the adverse party for one year;
(C) Adultery;
(D) Extreme cruelty;
(E) Fraudulent contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.
A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.
HISTORY: RS § 5689; S&C 509, 511; 51 v 377; GC § 8003-1; 124 v 178; Bureau of Code Revision, 10-1-53; 135 v S 348 (Eff 5-7-74); 135 v H 233 (Eff 9-23-74); 139 v H 477 (Eff 7-12-82); 143 v H 129 (Eff 8-25-89); 143 v H 514 (Eff 1-1-91); 145 v H 571. Eff 10-6-94.
lnk