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. Why would anyone 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? (More)
The law shouldn't disapprove of and reward the same behavior. There needs to be a single governing spirit in state laws. Item (B) on the listed grounds for divorce states that moving away from one's family is an adverse behavior. Adverse behaviors aren't neutral; they are harmful, detrimental, or injurious. If the spirit of the law says abandoning one's spouse is harmful and injurious, in that same spirit, no fair-minded person would expect to reward the same behavior. Releasing my husband of his contractual obligations to take me as his wife till death do us part is rewarding his harmful and injurious behavior.
According to the Legal Encyclopedia for State of Ohio,
"It is a fundamental rule of statutory
construction that sections and acts in pari materia should be construed
together. Thus statutes relating to the same or similar subject
matter
of subject of law should, where a case calling for the application of
both
is presented, be read together as if they were a single statute, and
both
should be reconciled, harmonized, and made to apply, and given meaning
and effect, so as to render their contents operative and valid, if that
is reasonably possible.
...
Moreover, the statutes are
considered
as acting upon one system and having a common object, policy and
spirit.
This is especially true in regard to a code of statutes relating to one
subject, as to which it may be inferred, and even presumed, there is a
single governing spirit and policy and that the statutes were intended
to be consistent and harmonious."