Fault-Based Divorce Attorney In Ohio
Last updated on May 28, 2026
Many people opt for a no-fault divorce, which means that neither party has to prove that the other caused the divorce, and they can simply cite irreconcilable differences. But couples also have the option to use a fault-based divorce in Ohio, and they will need to show a valid reason why their spouse caused the end of the marriage.
Here at Gregg R. Lewis, ESQ., we can help you navigate the complexities of a fault-based divorce. Our attorneys have more than 40 years of experience with family law in Ohio. When you need a lawyer who will represent your best interests and provide the necessary legal guidance compassionately and effectively, call us.
Grounds For Fault-Based Divorce In Ohio
Ohio requires people to use certain grounds for a fault-based divorce, including:
- Adultery
- Extreme cruelty
- Gross neglect of duty
- Habitual drunkenness
- Willful absence for one year or more
- Imprisonment
- Fraudulent contract
It may be necessary to provide evidence to support this position, such as police reports involving domestic violence, alcohol use or driving under the influence.
Impact On Divorce Proceedings
A fault-based divorce can affect property division, especially if the reason for the divorce had a financial impact – such as if a spouse had an affair and spent a significant amount of family assets on their affair partner.
It can also influence spousal support determinations when the other spouse expects to be supported and wants to seek alimony. In some cases, the reason for the divorce could also affect child custody decisions, such as when there are allegations of cruelty or abuse. Courts can consider misconduct when issuing orders and settlements.
Strategic Considerations
One of the downsides of pursuing a fault-based divorce is that it’s a bit more complex than a no-fault divorce. But there are also potential benefits. Someone who has suffered from domestic violence may be intent on removing their children from a dangerous home, so a fault-based divorce gives them a better chance of obtaining sole custody.
As noted, evidence may need to be gathered and presented to the court, from police reports to pictures, videos, witness statements, text messages and much more. This can extend the time frame of the divorce, making it take far longer than an amicable no-fault divorce.
Frequently Asked Questions About Ohio Fault-Based Divorces
Why would I choose a fault-based divorce over a no-fault divorce?
You may have personal or practical reasons for pursuing a fault-based divorce. Common personal reasons for fault-based filings include the desire to maintain good standing with a religious organization or accountability for your spouse.
The practical reasons for pursuing a fault-based divorce include favorable outcomes and bypassing the mandatory pre-filing separation. You do not need to complete a one-year separation in a fault-based divorce. You may also secure a financial advantage when requesting alimony or dividing marital property, as the judge may consider the misconduct of your spouse and the impact it had on your marriage.
What kind of evidence do I need to prove my spouse is at fault?
Useful evidence could include witness testimony, electronic communications, financial records, medical records, police reports and possibly documentation gathered by private investigators.
Will proving fault guarantee I get full child custody or alimony?
No, proving that your spouse is at fault for a divorce does not guarantee you sole custody. Fault rarely affects custody determinations unless there is reason to worry about the safety of the children. If you have proof of abuse, abandonment or neglect, then a judge may agree that awarding you full custody is in the children’s best interests.
Marital fault can influence how judges handle requests for alimony or spousal support, as the misconduct of a spouse can influence what a judge determines is reasonable, especially if the fault involved financial misconduct.
Does a fault-based divorce take longer to finalize?
Yes, a fault-based divorce generally takes longer to finalize than a no-fault divorce in Ohio. You may have to wait for hearings in court and then for a judge to review all of the evidence presented before establishing final orders for your divorce. While you can bypass the one-year separation required in a no-fault divorce, the litigation process can significantly increase the timeline for a fault-based divorce.
Can I still claim adultery if my spouse and I were already separated when the affair started?
Yes, a new relationship may constitute adultery even if you and your spouse previously separated. The Ohio courts generally treat a marriage as intact until the courts issue a final divorce decree. Starting a new relationship before the end of the divorce process can theoretically constitute adultery.
You can speak to a lawyer at Gregg R. Lewis, ESQ., to learn more.
Call For A Consultation
If you’re considering an at-fault divorce in Columbus, Ohio, use the online contact form or dial 614-721-6175 to set up your initial consultation with our experienced attorneys today.