Ohio court: Domestic violence laws for all couples

Court Alerts

Ohio's domestic violence laws do not conflict with the state's ban on gay marriage, the Ohio Supreme Court ruled Wednesday.
 
In a 6-1 decision, justices rejected an argument that the domestic violence law was unenforceable in cases involving unmarried couples because it refers to them as living together "as a spouse."
Chief Justice Thomas Moyer wrote in the opinion that lawmakers included many groups under the domestic violence law, and that describing people's living arrangements isn't the same as creating a law approximating marriage.
The gay marriage ban prohibited the government from creating any such approximation.
Twenty-seven states have constitutional language defining marriage as between a man and a woman, according to the National Conference of State Legislatures.
In Indiana, opponents of a constitutional ban on same-sex marriage had argued it would cause single people to lose protection under domestic violence laws. The amendment could be placed on the statewide ballot in 2008.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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