Effective: October 6, 1994
Latest Legislation: House Bill 571 - 120th General Assembly
(A) Either party to the marriage may file a complaint for divorce or for legal separation, and when filed the other may file a counterclaim for divorce or for legal separation. The court of common pleas may grant divorces for the causes set forth in section 3105.01 of the Revised Code. The court of common pleas may grant legal separation on a complaint or counterclaim, regardless of whether the parties are living separately at the time the complaint or counterclaim is filed, for the following causes:
(1) Either party had a husband or wife living at the time of the marriage from which legal separation is sought;
(2) Willful absence of the adverse party for one year;
(3) Adultery;
(4) Extreme cruelty;
(5) Fraudulent contract;
(6) Any gross neglect of duty;
(7) Habitual drunkenness;
(8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(9) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(10) Incompatibility, unless denied by either party.
(B) 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.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage
Section 3105.01 | Divorce Causes.
Section 3105.011 | Jurisdiction Over Domestic Relations Matters.
Section 3105.02 | Prohibited Acts.
Section 3105.04 | Residence of Spouse.
Section 3105.06 | Notice of Pendency of Action by Publication When Residence Unknown.
Section 3105.08 | Converting Divorce Action Into Dissolution Action.
Section 3105.091 | Conciliation Procedures.
Section 3105.10 | Judgment - Separation Agreement.
Section 3105.12 | Proof of Marriage.
Section 3105.16 | Restoring Name Before Marriage.
Section 3105.17 | Complaint for Divorce or Legal Separation.
Section 3105.171 | Equitable Division of Marital and Separate Property - Distributive Award.
Section 3105.18 | Awarding Spousal Support - Modification of Spousal Support.
Section 3105.21 | Order for Disposition, Care and Maintenance of Children.
Section 3105.31 | Causes for Annulment.
Section 3105.32 | When Action for Annulment Must Be Commenced and by What Parties.
Section 3105.34 | Restoring Name Before Marriage.
Section 3105.41 | Definitions for Sections 3105.41 to 3105.54.
Section 3105.42 | Laws Applicable to Collaborative Family Law Participation Agreement.
Section 3105.43 | Collaborative Family Law Participation Agreements; Mandatory Inclusions.
Section 3105.44 | Collaborative Family Law Process.
Section 3105.45 | Representation by Collaborative Family Lawyer.
Section 3105.46 | Informal Disclosure of Information.
Section 3105.47 | Applicability of Professional Responsibility Provisions.
Section 3105.48 | Confidentiality of Communications.
Section 3105.49 | Privileged Communications.
Section 3105.50 | Waiver of Privileges.
Section 3105.51 | Communications Not Subject to Privilege.
Section 3105.52 | Effect of Finding of Intent to Make an Agreement.
Section 3105.53 | Electronic Signatures.
Section 3105.54 | Short Title.
Section 3105.61 | Jurisdiction.
Section 3105.62 | Residency Requirement.
Section 3105.63 | Separation Agreement Provisions.
Section 3105.64 | Time of Court Appearance After Filing Petition.
Section 3105.65 | Power of Court.
Section 3105.73 | Award of Attorney's Fees and Litigation Expenses - Factors Considered - Payment.
Section 3105.80 | Property Division Orders Involving Public Retirement Program Definitions.
Section 3105.81 | Order for Equitable Division of Property to Require Compliance With Provisions.
Section 3105.82 | Requirements of Order.
Section 3105.821 | Monthly Benefit.
Section 3105.83 | Commencing Payments.
Section 3105.84 | Defraying Administrative Costs.
Section 3105.85 | Limit on Withholding.
Section 3105.86 | Terminating Alternate Payee Rights.
Section 3105.87 | Disclosing Participant's Personal History Record.
Section 3105.88 | Transmitting Order to Retirement Program.
Section 3105.89 | Court Retains Jurisdiction - Modification of Orders.