my husband has not contacted me in over six months and has not seen or talked to our daughter in over a year. i have no clue were he is or were he could even be. can i claim abandonment and how do i find him.
In Ohio you can obtain a divorce on the following grounds:
(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
(B) Willful absence of the adverse party for one year;
(C) Adultery;
(D) Extreme cruelty;
(E) Fraudulent contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.
Your requested reason, abandonment, would fall under (B) above. So since your husband has not been gone for more than one year, you would not qualify under that basis but that does not mean others grounds would not apply in order to let you file now. For example, you may qualify for a divorce under the grounds of neglect of duty or incompatbility.
For more information visit us at www.LorainDivorceAttorney.com
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