Legal Question in Family Law in Ohio

My wife and I have lived separately for 3 years because she was in prison. She is getting out soon and I want a divorce. I have wanted a divorce for a long time. I know I have grounds in Ohio because we've lived separately for at least a year. I met someone else a year ago and now we're engaged. We don't try and hide our relationship. My soon to be x wife says that I'm cheating and she can sue me. I say that because the relationship started AFTER we lived separate for at least a year, then I have the grounds. Who is right?


Asked on 11/20/11, 9:01 pm

1 Answer from Attorneys

Lisa Meier Law Office of Anthony W. Greco

In Ohio, one of the reasons that you would have grounds for a divorce would be if you lived separate and apart for one year (continously) without cohabitation with your spouse. Another reason you may claim is gross neglect of duty. You would also have grounds if you file a complaint while she is still in prison. There are other grounds you may have, but you have not asked about these.

Lisa K. Meier

Gurtner & Meier, LLC

[email protected]

This response is based on Ohio law and the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.

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Answered on 11/21/11, 12:44 pm


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