Ohio Marriage Abandonment Statute
It isn't surprising that with a divorce rate of 41 percent for first marriages, and even higher percentages for second and third marriages, that many states allow for no-fault divorces, including Ohio. A no-fault divorce allows for a dissolution of marriage without assigning fault and wrongdoing to one party or the other, using grounds such as irreconcilable differences. Ohio also offers fault grounds, including abandonment, which a party in a divorce can use to file the petition.
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Abandonment Defined
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In most courts, the definition of abandonment loosely states that one partner in the marriage has willingly left the home and does not have any intentions of returning. Some states tie together abandonment and desertion, while others distinctly separate the two. Abandonment merely requires a party to leave, while desertion occurs when the party distinctly leaves with the intent of ending the marriage. Abandonment does not require the leaving party to cite intentions when leaving.
Classifying Abandonment
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Abandonment can also cover a wider range of absence of a partner in a marriage other than physical absence. Some states identify refusal to provide financial support or engage in sexual intercourse a form of abandonment and grounds for dissolution of the marriage.
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Specific Ohio Abandonment
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Abandonment in Ohio falls under three different grounds. The first is the absence of a party of the marriage for a period of one year. Another form of abandonment is gross neglect of duty, which occurs when a party in the marriage remains in the home physically, but abandons responsibilities in the marriage. Incarceration may also be another form of abandonment, although it is not willing, and individuals filing for divorce in Ohio can file using different grounds in cases of imprisonment.
Residency and Service
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Before filing for divorce on grounds of abandonment in Ohio, a petitioner must have lived in the state for a minimum of six months, and must also have a sheriff or third-party serve the complaint papers to the spouse personally. If the spouse cannot be located, Ohio includes an exception to personally serving the papers, allowing the petitioner to post an announcement in a publication such as the local newspaper.
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References
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