Ohio lists eleven grounds, or conditions, for getting divorced.  If I deny my husbands accusations of extreme cruelty and gross neglect of duty, he'd have to be ready to prove them by Ohio Rules of Evidence.  Due process is a fundamental right.  However, Ohio Supreme Court presently has a procedural rule (not created by legislature) which is evidently interpreted to mean that I will not be given hearing to prove I'm innocent and to dismiss the case, until after all our assets are split and our children undergo one year of forced orders to be removed from their own home to visit their father who wants to terminate their intact family. (See letter to Rules Committee)

Presently I'm confident that he can't prove I'm guilty of the grounds as described by the legislature, but  the court presumes divorce and doesn't really care - that there is no recourse for saving my marriage.  Was this the intention of the Ohio legislature - the governmental body responsible for instituting the law?

Presume divorce, want me to expedite
Read these excerpts of a letter from my attorney explaining how they want me to terminate my own family, and I may be punished if I speak the truth -- that I want to save my children's intact home.  The court wants me to voluntarily split our children between two broken homes, and split our assets, while I repeatedly claim I'm innocent of the charges.  To contact my Ohio attorney who wrote the below comments, write ma.defending@marysadvocates.org

Nature of the Lawsuit.
     The defense of a divorce action has been problematic for the last thirty years in Ohio largely because of the near universal attitude among judges that they will not force parties to remain married if one wants out.  This has resulted in a circumstance where divorce is granted "on demand" in all but the rarest cases. Notwithstanding judicial attitudes, the law in Ohio remains grounds based.

    Under Ohio law "incompatibility" is a ground for divorce only if not denied by the adverse party.  Clearly, the Ohio Legislature did not want a ground that could be asserted by and sustained solely on the word of one party.  Your husband cannot obtain a divorce on the grounds of incompatibility without your consent.

     If your husband is to prevail in terminating your marriage, the judge will have to find you liable or guilty of the grounds alleged, for example, extreme cruelty or gross neglect of duty.  As a technical matter, the burden of proving these separate grounds or causes is on your husband.  As a practical matter, however, we must do everything we can to demonstrate that you are and have been a dutiful wife as such duty is defined under the law.

    The Court will not be favorably disposed towards anything that appears to be recalcitrance or lack of cooperation on your part.  Please remember, as your brief exposure may have made you aware, that those involved in the divorce system believe as an article of faith that you have a duty to expedite your divorce.  It is very politically incorrect to talk of saving your marriage in divorce court.  Nevertheless, and despite these attitudes, I clearly understand that my charge is to defend your marriage to the fullest extent the law allows.  Failing this defense, however, I cannot guarantee that this position will not adversely affect your interest in property division, support or custody issues.  Although all involved in a representative or adjudicatory capacity are officers of the court sworn to ensure a fair process, they are human beings with personal likes and dislikes.  Minimally, you will have your day in court, if you continue to so desire.