·
Divorce
o
According to
O.R.C. § 3105.01 causes for divorce include:
§ Either party had
a husband or wife living at the time of the marriage from which the divorce is
sought;
§ Willful absence
of the adverse party for one year;
§ Adultery;
§ Extreme cruelty;
§ Fraudulent
contract;
§ Any gross neglect
of duty;
§ Habitual
drunkenness;
§ Imprisonment of
the adverse party in a state or federal correctional institution at the time of
filing the complaint;
§ 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;
§ On the
application of either party, when husband and wife have, without interruption
for one year, lived separate and apart without cohabitation;
§ Incompatibility,
unless denied by either party.
·
Annulment
o
When should you
get an annulment?
§ It is necessary under your religious beliefs
or you are personally against divorce. Annulment is not a termination of
marriage, but a declaration that the marriage was never valid in the first
place.
o
Under O.R.C. § 3105.31,
causes for annulment include:
§ That the party in whose behalf it is sought to
have the marriage annulled was under the age at which persons may be joined in
marriage (18 for men, 16 for women), unless after attaining such age such party
cohabited with the other as husband or wife;
§ That the former husband or wife of either
party was living and the marriage with such former husband or wife was then and
still is in force;
§ That either party has been adjudicated to be
mentally incompetent, unless such party after being restored to competency
cohabited with the other as husband or wife;
§ That the consent of either party was obtained
by fraud, unless such party afterwards, with full knowledge of the facts
constituting the fraud, cohabited with the other as husband or wife;
§ That the consent to the marriage of either
party was obtained by force, unless such party afterwards cohabited with the
other as husband or wife;
§ That the marriage between the parties was
never consummated although otherwise valid.
·
Legal Separation
o
When should I get
a legal separation?
§ You do not meet the requirements of divorce or
dissolution (for example, you have not lived in Ohio for 6 months).
§ It is necessary under your religious beliefs
or you are personally against divorce.
§ You want your spouse to be responsible for you
in terms of finances, health care, etc.
o
O.R.C. § 3105.17
outlines the following causes permissible for legal separation:
§ Either party had
a husband or wife living at the time of the marriage from which legal
separation is sought;
§ Willful absence
of the adverse party for one year;
§ Adultery;
§ Extreme cruelty;
§ Fraudulent
contract;
§ Any gross neglect
of duty;
§ Habitual
drunkenness;
§ Imprisonment of
the adverse party in a state or federal correctional institution at the time of
filing the complaint;
§ On the
application of either party, when husband and wife have, without interruption
for one year, lived separate and apart without cohabitation;
§ Incompatibility,
unless denied by either party.
§ The filing of a
complaint or counterclaim for legal separation or the granting of a decree of
legal separation under this section does not bar either party from filing a
complaint or counterclaim for a divorce or annulment or obtaining a divorce or
annulment.
·
Dissolution
o
When should I
file for dissolution?
§ When both spouses agree to the same relief.
The parties must both agree in the issues of property separation, spousal
support, and child custody and parenting time. Dissolution can often save time
and money. It avoids contested court hearings.
So, if Ross and Rachel lived in Ohio
instead of New York, could they have gotten an annulment? Let’s apply the facts
to the law. Ross and Rachel got married in Las Vegas after they became
extremely intoxicated. Unfortunately for Ross (who does not want a divorce),
intoxication at the time of marriage does not qualify them for an annulment
under Ohio law (see O.R.C. 3105.31 above). The best option for Ross and Rachel
if they lived in Ohio would be dissolution because they both agree on the
separation and all aspects of relief. (And Ross could avoid another divorce!) 
Very informative! One question, what is a "gross neglect of duty"? I guess don't understand what the implied duties are in marriage.
ReplyDeleteCindy, when you get married, you are responsible for taking care of and providing for your spouse. Thanks for reading and commenting!
ReplyDelete