Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states generally will grant divorces because to force a couple to stay married would be against public policy.

“No-fault” and “fault” are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. The other states, including Ohio, allow the members of the couple to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, gives a comprehensive overview of divorce and separation law in the United States.

The United States first adopted the conception of a no-fault divorce in the late 1960's, and nearly all states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” Usually, one spouse cannot stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce.

In Ohio, the no-fault grounds for divorce include incompatibility, unless it is denied by one of the parties, and a separation of at least one year. If one spouse denies that grounds of incompatibility exist, the party petitioning for divorce must prove fault grounds.

Many states require a “cooling-off” period of separation for a specific period of time before no-fault divorce proceedings can be initiated. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law.  In Ohio, the divorce decree is made final immediately, although the court may order a conciliation period for up to 90 days.

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In Ohio, the fault grounds for divorce include adultery, cruelty or violence, desertion, alcohol addiction, imprisonment, validity of a prior marriage, fraudulent contract, gross neglect of duty, and the procuring of an out-of-state divorce by one of the parties (an out-of-state divorce may not release a party from marital obligations in Ohio).

In order to file for a divorce in Ohio, the plaintiff must have been a resident of the state for at least six months. The divorce action is commenced when the petitioning party files a complaint with the court of common pleas in the appropriate Ohio county. For an explanation of Ohio divorce laws and procedures, go to lawyers.com.

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information pertaining to divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Ohio, can be found at abanet.org.

*An example of an Ohio Divorce Settlement Agreement can be seen on Free Legal Aid.