Mary's Advocates
Defending Marriage in Ohio

Moving out for a year can't earn a divorce, can it?
If my husband left us, I as the innocent spouse, could divorce him because of item (B) "Willful absence of the adverse party for one year," (§ 3105.01) this has been part of Ohio law for over 50 years: abandonment.

Though my husband may presently have no legal grounds for divorcing me, there is an implied impression that he can just wait one year and earn his divorce because of item (J) on the listed grounds for divorce - "On the application of either party, when husband and wife have, without interruption for one year lived separate and apart without cohabitation." Does Ohio law intend to mean "de facto divorce" when one spouse abandons the family for one year. Who would support such a cruel law?

To serve justice, and be consistent with the understanding that abandonment is considered wrong, item (J) should only apply to spouses who agree to live separately for one year.   If leaving one's spouse is denounced by item (B), it shouldn't be rewarded in item (J); should it?

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If courts are applying one part of the law (§ 3105.01) in ways which are inconsistent with another part of the same law, wouldn't there be something wrong with the court's interpretation of that law?   Or if the intentions of the legislators are so unclearly  expressed in the language of the law, such that it can be easily applied in extremely different ways, doesn't the law needs to be rewritten?

What happens when laws aren't plain?
According to the Guidebook for Ohio Legislators - Eighth Edition 2003 - 2004, "Statutes are often contrasted with another form of law, the common law. The General Assembly enacts statutes.  Courts make common law as they decide cases that do not involve statutory interpretation.  Additionally in all cases, the courts are required to take notice of and apply relevant statutes.  When a statute applies to a case, and its precise application is not plain, the courts interpret the statute in order to apply it to the case.  The General Assembly may modify the common law by statute."

. . .
Statutes and the common law interact with each other in such a way as to serve as checks and balances between the General Assembly and the courts.  The power of the General Assembly to enact statutes that modify the common law, together with the duty of the courts to take notice of and apply statutes, is a check upon the power of the courts. "Appendix B, page 159, 160

The law is not plain.
The idea that my husband can earn his right to divorce by moving out for one year is not supported by various resources on the internet.

According to the Akron Bar Association's Law tips, "the party seeking the divorce must be able to prove to the court that the opposing spouse has been guilty of the ground or grounds alleged."  (Procedure in divorce or dissolution cases)  I, as the opposing spouse, am not guilty of anything.  I stayed home while he left.  Ever since he left, I've been wanting him to come home.  Our children should spend time with their father at home, in the yard, living room, or basement, like they had for all of our marriage.  They shouldn't be forced to visit him at his new rental place.

According to Divorce Resource Center, owned by Divorce Source Inc., living apart and separate for one year would not be used as a reason for divorce when I don't want to end my marriage.  No-Fault (used for Dissolution of Marriage)  "The Divorce Resource Center offers access to divorce related research documents (written by lawyers with references to cases and laws).  The center is devoted to providing quality divorce related information, products, and services to people contemplating or experiencing divorce. "

If I am correct, and the legislators never intended for my husband to earn his divorce by leaving us, something needs to be done quickly to help me and the hundreds or thousands of people in may same situation.  I've been given the distinct impression that in my county, the court will give him his divorce in response to his act of abandoning the family, though I want to stay married and am confident we can reconcile our differences with the right help.