What can I do if I just found out my husband is still married while we are married?

02/01/2007 - Divorce - State: OH #1402

Full Question:

I found out my husband is still married to his second wife and now he has just been caught cheating on my marriage of 5 years. If he is a bigamist, what do I do next?

Answer:

You may file for a divorce and/or file criminal bigamy charges against your husband.

CRIMINAL ACTION

§ 2919.01. - Bigamy.

(A) No married person shall marry another or continue to cohabit with such other person in this state.
(B) It is an affirmative defense to a charge under this section that the actor's spouse was continuously absent for five years immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time.
(C) Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree

CIVIL ACTION

Grounds for divorce/dissolution
The State of Ohio permits judgments of divorce and dissolution of marriage to be granted upon the following grounds:

1. Bigamy
2. Willful absence of the adverse party for one year
3. Adultery
4. Extreme cruelty
5. Fraudulent contract
6. Gross neglect of duty
7. Habitual drunkenness
8. Imprisonment of the adverse party
9. Procurement of a divorce outside the State by a party which releases the party who obtained it from the obligations of marriage while the obligations remained binding on the other party
10. Living separate and apart without cohabitation for one year without interruption
11. Incompatibility of the parties. § 3105.01

Residency requirements

In actions for divorce in the State of Ohio, the filing party must have resided in the State of Ohio for at least six months immediately prior to the filing of the complaint. In addition, the filing party must have resided in the county in which the complaint is filed for at least ninety days immediately prior to the filing of the complaint.

In actions for dissolution of marriage, the filing party must have resided in the State of Ohio for at least six months immediately prior to the filing of the petition for dissolution. § 3105.03, 3105.62, CivR 3

Name of court and title of action/parties

Actions for divorce and dissolution of marriage are filed in the Court of Common Pleas. The title of the action initiating an action for divorce is a Complaint, while the title of an action initiating an action for dissolution of marriage is a Petition. The title of the action granting the divorce is a Decree of Divorce, and the title of the action granting the dissolution of marriage is a Decree of Dissolution of Marriage. The filing party is known as the Petitioner if the action is for dissolution and the Plaintiff if the action is one for divorce. The other party in an action for dissolution is referred to as the Co- Petitioner, and if the action is for divorce, the Defendant. § 3105.011

Legal separation

The State of Ohio permits judgments of legal separation to be granted upon the following grounds:

1. Bigamy
2. Willful absence of the adverse party for one year
3. Adultery
4. Extreme cruelty
5. Fraudulent contract
6. Gross neglect of duty
7. Habitual drunkenness
8. Imprisonment
9. Living separate and apart without cohabitation for one uninterrupted year
10. Incompatibility. § 3105.17

Simplified divorce procedure

If the parties agree to all terms, they may jointly file a petition for dissolution of marriage. The petition must be signed by both parties and have attached a separation agreement providing for division of property, spousal support, allocation of parental rights, visitation and custody, and child support. Both parties must appear before the court and if the court is satisfied with the parties' testimony and the terms of the agreement, the court will grant the dissolution of marriage. § 3105.63



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02/01/2007 - Category: Divorce - State: OH #1402

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