Involuntary Divorce
I am often asked if you can force your spouse into a divorce. In other words, is involuntary divorce available? Many parties get divorced by agreement, otherwise known as a dissolution. While getting divorced by agreement can be less expensive, save time, and be less emotionally draining, sometimes the parties cannot reach an agreement or one spouse refuses to get divorced. While most divorcing couples would simply agree that they are incompatible, otherwise known as stipulating to incompatibility, Ohio provides for a number of grounds for divorce.
Ohio Divorce Grounds
The grounds for divorce provided by Ohio Revised Code 3105.01 (R.C. 3105.01) include: either party was already married when they got married to their current spouse; willful absence of the other spouse for one year; adultery; extreme cruelty; fraudulent contract; gross neglect of duty; habitual drunkenness; the spouse is in prison; and living separate and apart for one year. R.C. 3105.01 also allows a divorce in Ohio if the spouse obtained a divorce in another state that only released the other spouse from the marriage. This could happen if the out-of-state court lacked jurisdiction over some aspects of the divorce when it granted a divorce.
Daniel Gigiano Articles
To read more, click on the following links to my other articles on involuntary divorce, property division, divorce and dissolution: property division for unmarried couples in Ohio, property division in Ohio divorces, business assets in an Ohio divorce, retirement plans in Ohio divorces, tax consequences for Ohio alimony, when alimony stops in Ohio, Ohio child support issues, choosing between divorce and dissolution in Ohio, and taxes in Ohio divorces.
Daniel Gigiano. Experienced. Aggressive. Knowledgeable.
Attorney Gigiano is your Medina divorce attorney in Wadsworth, Ohio, who regularly practices in the domestic relations courts in Medina, Akron and Wooster. Attorney Gigiano also practices as your domestic relations attorney in neighboring counties, including, but not limited to Cuyahoga County, Ashland County, Lorain County and Holmes County. If you have questions about this or other questions you need answered by an experienced divorce lawyer, please call Attorney Daniel F. Gigiano at 330-336-3330.