What Are the Grounds for Divorce in Ohio?

 Posted on April 28, 2025 in Divorce

While all states, including Ohio, allow no-fault divorce, only 17 states and the District of Columbia do not provide an option for filing for divorce on fault grounds. In the state of Ohio, you must provide a legal "reason" for the divorce. One of those reasons is incompatibility, which, along with irreconcilable differences, is generally considered to be "no-fault." Grounds for divorce are one spouse telling the other why he or she is filing for divorce.  

Grounds do not determine how marital property will be divided or whether spousal support will be awarded and generally have nothing to do with child custody or child support. If you are facing divorce and are unsure whether you should file under incompatibility or specifically name a fault, it can be beneficial to speak to an experienced Wadsworth, OH divorce lawyer.   

What Are the Eleven Grounds for Divorce in Ohio?

There are eleven grounds for divorce in the state, including:

• Incompatibility
• Gross neglect of duty
• One spouse has been absent for a year or more.
• Adultery
• Extreme cruelty
• Habitual drunkenness
• Fraud
• Bigamy
• The spouses have lived apart for a year or more.
• One spouse will be in prison when the divorce is filed.
• One spouse divorced the other in another state.

If a couple files under the grounds of incompatibility, it simply means that conflicts between the two make it impossible to stay married. No proof of wrongdoing is required; both spouses must simply agree they are incompatible. Gross neglect of duty means there has been a severe or long-term failure to provide one another with "respect, fidelity, or support."  

Extreme cruelty includes any type of abuse that makes living with the other spouse unsafe or unreasonable. Fraudulent contract means one spouse did not tell the other the truth or hid important information at the time of the marriage. Being forced or threatened into a marriage also falls under fraudulent contract.

It is important to note that in order to divorce on the grounds of incompatibility, both spouses must agree that they are incompatible. If one spouse does not agree, he or she could prevent the divorce from going forward. Because of this, many people include another reason in addition to incompatibility if such a reason exists under the allowed grounds.  

Do Any of the Grounds for Divorce Affect the Division of Marital Assets?

Generally speaking, no matter which fault is filed under, the division of marital assets is not impacted. Ohio is an equitable distribution state rather than a community property state, which means marital assets are divided fairly, but not necessarily 50/50. If one spouse has consistently dissipated marital assets, then that could potentially make a difference in how marital assets are divided.

Dissipation of marital assets must be proven if claimed, and it must be substantial. For example, claiming adultery against the other spouse will not, in and of itself, result in the non-guilty spouse receiving more marital assets. However, if the spouse committing adultery spent large amounts of marital assets on the affair, then that could change how marital assets are divided.

Contact a Medina County, OH Divorce Lawyer

If you are contemplating divorce or have been served with divorce papers from your spouse, the best step you can take is to speak to a Medina, OH divorce attorney from The Law Office of Whitney K.S. Miller, LLC. The attorney you choose for your divorce can significantly affect the outcome. It is important to work with someone you trust who will protect your rights and advocate for your interests throughout the process. Call 330-725-4114 to schedule your initial attorney meeting. We offer free consultations in most cases.