| In the year 2000, the US divorce rate showed | | | | |
| a significant increase to 4.1% per thousand | | | | In Ohio, a marriage can be terminated by both |
| population, as compared to 3.5% per thousand | | | | dissolution and divorce. In the case of |
| in 1970. So far as the divorce rate in Ohio | | | | dissolution of marriage, both the parties |
| is concerned, it shows a fluctuating trend in | | | | tend to agree that their marriage should be |
| the last 15 years. From 4.7 per thousand | | | | terminated by the court. They also agree on |
| population in 1990, it came down to 3.9 per | | | | the vital issues concerning the dissolution |
| thousand population in 1999. However, it | | | | like division of assets and liabilities, |
| again shot up to 4.0 in the year 2002 and | | | | spousal support and parental rights and |
| stood at 3.6 per thousand in 2004. | | | | responsibilities. The court does not have to |
| | | | decide; it just terminates the marriage upon |
| Ohio grants both "no-fault" and" fault" | | | | this mutual consent. Thus dissolution is a |
| divorce. However, to get a divorce in Ohio, | | | | cooperative procedure. On the contrary, a |
| one has to fulfill certain residency | | | | divorce suit tends to be adversarial in |
| requirements. Before filing for dissolution | | | | nature. A divorce stands for the legal |
| of marriage or divorce in Ohio, either spouse | | | | termination of a marriage by a court verdict, |
| must have been a resident of the state for at | | | | on the bases of certain authentic grounds. |
| least six months. A person filing for a | | | | This calls for a discussion on the procedural |
| divorce must have legitimate grounds for | | | | aspects of dissolution and marriage. |
| divorce. According to the Ohio Revised Code | | | | |
| Title 31, especially Chapter 3105, the valid | | | | A dissolution procedure comprises two |
| grounds for divorce are: | | | | important stages. In the first stage, the two |
| | | | parties along with their attorneys discuss |
| 3105.01 Divorce causes | | | | the legal issues and implications regarding |
| | | | the vital matters like child custody, |
| (A) Either party had a husband or wife living | | | | visitation, alimony, division of assets and |
| at the time of the marriage from which the | | | | liabilities, etc. and come to an agreement. |
| divorce is sought; | | | | This agreement reached between them is then |
| | | | incorporated into a "separation agreement'. |
| (B) Willful absence of the adverse party for | | | | It is a legally enforceable document, which |
| one year; | | | | is then filed with the court. The second |
| | | | stage comprises a hearing before a judge, |
| (C) Adultery; | | | | which ascertains that both the parties |
| | | | understand the agreement. After this the |
| (D) Extreme cruelty; | | | | judge grants the dissolution and the |
| | | | separation agreement is incorporated into the |
| (E) Fraudulent contract; | | | | decree of dissolution and becomes a court |
| | | | agreement. |
| (F) Any gross neglect of duty; | | | | |
| | | | A divorce involves the filing of a complaint |
| (G) Habitual drunkenness; | | | | by one of the spouses against the other in |
| | | | the Court of Common Pleas. The party who |
| (H) Imprisonment of the adverse party in a | | | | files the complaint is called the "plaintiff" |
| state or federal correctional institution at | | | | and the other party is called the |
| the time of filing the complaint; | | | | "defendant'. This complaint is then served on |
| | | | the defendant through appropriate methods. |
| (I) Procurement of a divorce outside this | | | | The defendant is required to file an "answer" |
| state, by a husband or wife, by virtue of | | | | to this complaint within 42 days of legal |
| which the party who procured it is released | | | | notification, in which he or she admits or |
| from the obligations of the marriage, while | | | | denies the charges leveled against him or |
| those obligations remain binding upon the | | | | her. In addition, the defendant may file a |
| other party; | | | | "counterclaim" against the plaintiff. The |
| | | | plaintiff then has to file a "reply" to this |
| (J) On the application of either party, when | | | | counterclaim. The court, in the meantime, |
| husband and wife have, without interruption | | | | issues a "temporary order'' or "T.O." through |
| for one year, lived separate and apart | | | | which the court facilitates temporary |
| without cohabitation; | | | | agreements regarding child custody, support |
| | | | and restraining orders. The two parties then |
| (K) Incompatibility, unless denied by either | | | | engage in discovery, which involves a |
| party. | | | | meticulous exchange of information and |
| | | | documents that are relevant to the case. |
| A plea of res judicata or of recrimination | | | | Ultimately, the case gets settled by an |
| with respect to any provision of this section | | | | agreement, in the absence of which it goes |
| does not bar either party from obtaining a | | | | for a court trial involving tedious, |
| divorce on this ground. | | | | time-consuming and bitter legal wrangling. |