Mary's Advocates
Defending Marriage in Ohio

Is pressure put onto those in my situation because Ohio legislators don't want trial lawyers and the judges to have to prove grounds for divorce?

With the present system judges are faced with conflicting interests: 1) doing what's best for their career, vs. 2) spending time determining by law if grounds for divorce are met which would protect an innocent spouse and preserve an intact family for children.

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Why did they allow couples to agree to terminate their own marriage?
Originally, I thought the concept of quick-and-easy divorce was implemented because if both parties wanted to terminate their marriage contract, they didn't want to be forced to go through the expense and trouble of proving somebody was guilty of something.  It was a simpler if they could just shake hands and walk to the court together.

In 1974, "the legislature passed a law providing for voluntary Dissolution of Marriage, a procedure
whereby the parties may, by agreement, request the termination of their marriage without stating grounds.
In addition, the ground of living separate and apart without cohabitation for a period of one year was added to the list of traditional grounds for divorce, providing an avenue for traditional divorce on non-adversarial grounds."

I was told by a local attorney that no-fault divorces came about partly for that reason, but also because the court systems were bogged down with a whole bunch of "he-done-me-wrong", and "she-done-me-wrong" testimony that was unprovable and bears no legal relationship to the job the court has to do which is to divide assets, liabilities, allocate support and parental rights and responsibilities.  I'm told that there is a vast misconception that fault was relevant factor, for example, in dividing property and it is not a relevant factor for dividing property.

If it's the courts job to divide families' finances and children, who's job is it to protect children and innocent spouses?  If in Ohio, grounds for divorce have any meaning - someone needs to take responsibility to determine if the grounds are met.  Instead, the current system presumes divorce.
 

They force divorce penalties before they establish facts and ignore law's one year waiting period.
When a spouse abandons his own home and petitions for a divorce, one of the first things the court does is forcibly order the children to be removed from their home to visit the adverse party. This happens even if the innocent party is living at home with the children, longing for their spouse to return and reconcile.  The court can also order an innocent spouse be kicked out of his/her own home because the complaining spouse states that she/he doesn't want to be annoyed.  Does upholding one's marital contract place an innocent parent at such risks?  Is it better to not marry at all?  Do people just living together face such risks?

If law requires a one year waiting period 3105.01(J) before spouses can get divorced if they don't satisfy the other grounds for divorce, with what authority does the court order my children to live like a divorced family ASAP?  If I hire an electrician to do a job in my home, and our contract states he has one year to finish the job, would the court allow me to sue him for botching the job before the year was complete?  Would they start fining the accused electrician thousands of dollars and require him to hire an attorney to defend himself?  Of course not.  Human nature is such that some times people need time to settle down and rethink what they are doing.  No one can know if my husband and I will reconcile during the year after he moved out.   My kids want to spend time with Daddy at home too, and have both of us available to provide the support and affection that children want from either parent on any given day.  By forcing me to make my kids conform to a visitation schedule where they leave home, rather than just letting human nature take it's course, the court is denying our family the one year waiting period required by law.
 

Judges are in a precarious position.
Anything they can do to move cases through quickly will help increase their chances for career advancement.  The Ohio Supreme court keeps statistics on how many cases each judge has, and how quickly each judge moves cases through the system.   If a judge is deemed inefficient, in future judicial elections, his opponent can publicize how he's been reprimanded by the Ohio Supreme Court.

The judge who's faced with a auto accident law suit, who has to determine how much money a reckless driver should pay for damages to a property owner has a much simpler job that the judge who has to decide the future of children in a home where one spouse is asking for a divorce.  Maybe that's why the whole system wants to avoid trying to prove if grounds for divorce even exist.   Are they deliberately avoiding proving grounds by assuming the Ohio legislators want to grant divorces to everyone who's lost interest in upholding their marriage contract;  thinking  "We'll ignore the statute that says abandoning one's family is an adverse behavior; we'll reward you for your adverse behavior so long as no-one ever asks us to prove anything; we'll kick your annoying spouse out of your home; or if you've already moved out, we'll force your kids out of their own home; we'll ignore the law that gives us the power to send you to 'relationship rehab"; and oh, and by the way, sorry about your kids broken hearts?"