An attorney with more than 18 years of experience, Kyle T. Kirts runs his private practice in Dayton, Ohio, where he represents clients in a variety of legal areas, including criminal and traffic law. Kyle Kirts also practices family law, which includes fault and no-fault divorce cases.
Every state allows no-fault divorces in which the person filing for divorce does not have to prove his or her spouse did anything wrong, but Ohio and some other states allow divorce on either fault or no-fault grounds. A client may want to consider a fault divorce when it can provide some leverage regarding decisions on child custody or distribution of marital property.
In Ohio, a no-fault divorce requires only a separation of at least one year. Grounds for a fault divorce include adultery, extreme cruelty, and habitual drunkenness. A fault divorce may also be granted if the adverse party was imprisoned at the time of filing or willfully absent for the year prior. Any proof that the marriage contract was fraudulent or the adverse party committed gross neglect of duty in the marriage is also considered in a fault divorce. A consultation with a seasoned Ohio attorney can help determine whether a fault or no-fault divorce is the right choice for each client’s unique situation.