In simple terms, yes. Ohio law recognizes incompatibility as a valid ground for no-fault divorce. This means neither spouse needs to prove that the other did something wrong. Instead, they only need to state that their relationship has broken down to the point where they cannot continue as a married couple.
Generally, both spouses must agree to the incompatibility claim, or at least not contest it, for the court to grant a divorce on this ground.
How does incompatibility differ from separation?
Separation is when spouses live apart with the intention of ending their marriage. It is similar to incompatibility in that they are both valid grounds for a no-fault divorce. However, they differ in a variety of ways:
- Legal status: Incompatibility can lead directly to divorce proceedings, but separation is only a step towards divorce. In Ohio, couples must have lived “separate and apart” for at least one year before the court can consider it valid grounds for divorce.
- Agreement: Incompatibility requires both spouses to agree to the divorce. Separation is different. It only requires one spouse to file for divorce, provided that they meet the one-year separation requirement.
- Living arrangements: With incompatibility, spouses can continue living together while they divorce. However, separation emphasizes separate living arrangements, even if they still live under the same roof. Some even sign a separation agreement to formalize the arrangement.
While both grounds can lead to divorce, the choice between them may depend on the couple’s circumstances, ability to agree and living situation.
Incompatibility and uncontested divorce
Incompatibility is often a reason for uncontested divorces. In these divorces, spouses agree to end their marriage and settle major issues on their own, with minimal intervention from the court. These issues include:
- Division of property and assets
- Allocation of debts
- Child custody and support
- Parenting arrangements
This approach allows couples to maintain more control over the outcome of their divorce. It also supports a more amicable split, which can help foster better post-divorce relationships. However, even in an uncontested divorce, it’s often advisable for each spouse to consult their own lawyer. This ensures that the divorce meets all legal requirements and helps protect each spouse’s rights in the agreement.
Make informed decisions
While this information provides a general overview, every situation is different. Consider speaking with a divorce attorney to understand your options.