What are Legally Sufficient grounds for Divorce in Ohio?
Divorce is purely a matter of statute and each of the acceptable grounds for divorce in Ohio are fixed by statute. This means that you and your spouse cannot simply list whatever reasons you personally have for wanting the divorce in your Pro Se complaint and have the Court accept them. Rather, your complaint for divorce must list one or more legally sufficient grounds, enumerated under the applicable statute, and put on evidence of that ground at the hearing.
So, what are legally sufficient grounds in Ohio? Generally, any of the following will suffice:
1. Either party entering into a bigamous marriage
2. Willful absence of the adverse party for one year
3. Adultery (obviously!)
4. Extreme cruelty (carefully defined under statute)
5. Fraudulent contract (marriage is a contract, after all)
6. Any gross neglect of marital duty
7. Habitual drunkenness
8. Imprisonment of the adverse party in a state or federal prison when the petition is filed with the Court
9. Procurement of a divorce outside Ohio, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while such 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
So there you go, now you know that “he is a jerk” will not suffice as legally sufficient grounds to state in your complaint. You must plead and prove one of statutorily enumerated grounds established by the Ohio Legislature to obtain a divorce.