If I asked my spouse to leave, can he be charged with desertion? He seems to think he can, and I want him to leave. [1]
Jurisdiction:
- Ohio [3]
Area of Law:
Question:
Selected Answer:
When you file for divorce in [5]
Submitted by elizabethcarlsen [6] on
When you file for divorce in Ohio, you must state a reason, or ground, for divorce. Desertion, or willful absence from the home for a continuous one year period before you file for divorce, is one of Ohio’s at-fault grounds for a divorce. Read http://www.freelegalaid.com/nav/ohio/divorce/article/grounds-divorce-ohio [7] [7]to learn more about the grounds for divorce in Ohio. To obtain a divorce based upon desertion, you cannot consent to or provoke your spouse’s departure. Therefore, if you ask your spouse to leave, it does not qualify as desertion. Visit the Ohio State Bar Association’s website for more information about filing for divorce in Ohio,https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-69.aspx [8] [8]or contact an attorney today to discuss your case.