Legal Topics

 

 

 

 

OH-Probate.com

Resources

 

 

 

 

 

 

 


divorce

If you need aggressive, knowledgeable representation to help you successfully emerge from the tangles of a marriage that has gone bad or if you are just concerned about your legal rights, call 440-953-2000 for strictly confidential answers to your important questions.  

A marriage can be legally ended as the result of (1) the death of a spouse (2) dissolution or (4)

A Divorce is obtained by filing a law suit against your spouse.  It is you vs. him or her.  In the law suit, the plaintiff (the person who files the law suit) must claim that facts exist which satisfy the legal requirements (Legal Justification or Grounds) for a divorce.  In Ohio the list of causes can be found in the Ohio Revised Code Section 3105.01.

3105.01 Divorce causes (Legal Justification or Grounds)

      The court of common pleas may grant divorces for the following causes:

 

  1. Either party had a husband or wife living at the time of the marriage from which the divorce is sought
  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. 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
  10. On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation
  11. Incompatibility, unless denied by either party

The ending of a marriage may involve complicated issues relating to custody of children and the division of assets. If the parties are not able to come to an agreement on these matters, the court case can take a year or more and legal fees will be high for both sides.

Experience in handling divorce cases can make a difference in the final results.  Choose your attorney wisely.  "Interview" until you feel comfortable with their experience and with your ability to communicate.