Pro-Families Ohio

Reliable Spouses and Innocent Children, Upholding Marriage

Herein are the records made by the legislators when no-fault divorce was enacted in Ohio.

If you are relying on your spouse to uphold obligations promised in marriage, see elsewhere some lawful actions you can take to ensure those obligations are upheld as much as possible: Resources / Defending Marriage / Pro-families Ohio (HERE)

Table of Contents

Legislative Archives (Excerpts)

Ohio is not a Pure No-Fault Divorce State

The legislators who enacted the option of no-fault divorce in Ohio were clear about this.

This bill does not call for an easy divorce system similar to California’s “no-fault” divorce. I am opposed to the California system — and let me tell you why. In California, if either spouse wants a divorce — for any reason — or for no reason at all — that spouse gets his or her divorce, with the other marriage partner having no opportunity to contest or defend. … Now that kind of one-sided procedure offends my sense of justice — it took both parties to enter into the marriage, both should be involved in deciding whether to terminate it

(Norris 1974)
Representative Alan E. Norris, January 10, 1974.
Remarks by State Rep. Norris on House Floor in Support of his Bill H.B. 233

Testimony Joint Committee – Anthony Fiorette, Cleveland Marshall College of Law

Now I hold the view that a marriage contract is one of the highest contracts – – and one of the most important contracts, and one of the most far-reaching contracts that a man and woman can ever enter into during a lifetime. And I can’t conceive under the circumstances and the importance of the family to the community, and the raising of children, why any man or woman should be permitted to be released from that contract merely by a change of mind. I strongly cling to the view that fault should be the basic reason for dissolving a marriage — a fault recognized by the people through their legislators.

Date: August 17, 1970
Source: LSC Library
Publisher: OH Joint Committee
Presenter: Anthony Fiorette, Cleveland Marshall College of Law
Link: Document (pdf)
size: 7 pages, 3.4 Mb

State Archives Container List, House Representatives, Series 2361

The Ohio Historical Society keeps archived records for the General Assembly. The cover sheet of the index describes the rules for archiving records. Series 2361 is for the Ohio House of Representatives. Files cover initial and subsequent hearings that show the amendment, adoption, or rejection of legislation by committee, record of members’ attendance and votes, and lists of witnesses favoring or opposing bills before the committee, and minutes of the meetings. Files may also contain additional materials.

Sample page State Archives Container List shows the location, by number, of boxes in which committe records are archived. Records cannot be removed from the Historical Society Library and the staff of the library have made copies for registered visitors for a nominal copying fee.

Date: January 18, 1971
Source: Ohio Historical Society Library
Publisher: OH General Assembly
Presenter: Ohio Historical Society Library
Link: Document (pdf)
size: 2 pages, 868 Kb

Report of Joint Committee on Domestic Relations to 109th General Assembly

As directed by House Joint Resolution No. 38, 108th General Assembly, your committee on Domestic Relations has examined the inequities, hardships, and social problems resulting from divorce, …

… The Committee concludes that Ohio’s divorce laws need major revision. Either of two alternative approaches to such revision might provide material aid in strengthening familiy life and protecting minor children. …

Date: April 1, 1971
Source: Ohio Historical Society Library
Publisher: OH Joint Committee
Presenter: Alan E. Norris, Chairman (House Member), Paul E Gillmor, Vice-Chair (Senate Member) and others
Link: Document (pdf)
size: 7 pages, 635 Kb

S.B. 348 Bill File for S. Judiciary

Legislative Service Commission issues statement summarizing effect of legislation, content and operation.

Creates a new cause upon which a divorce may be granted … when husband and wife have lived separate and apart … when the court finds that such separation is beyond any possibility of reconciliation. …

Date: May 16, 1973
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: LSC
Link: Document (pdf)
size: 1 page, 176 Kb

SB 348, Bill File for S. Judiciary, Third Reading

Legislative Service Commission issues statement summarizing effect of legislation, content and operation.Creates a new cause upon which a divorce may be granted … when husband and wife have lived separate and apart … when the court finds that such separation is beyond any possibility of reconciliation. …

Date: May 24, 1973
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: LSC
Link: Document (pdf)
size: 1 page, 335 Kb

H.B. 233 for House Judiciary, June 1973

Reps. Noris – Roberto. Allows divorce to be granted after complete and uninterrupted separation of two years; provides for the dissolution of a marriage by the court if both spouses agree on all separation terms; details conciliation procedures, pre=marriage counseling for minors, guidelines for determining child custody and child support and alimony payments; does away with the defenses to a divorce petition of condonation, collusion, and recrimination.

Date: June 13, 1973
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: Unknown, LSC or Reps. Norris and Roberto
Link: Document (pdf)
size: 2 pages, 705 Kb

HB 233, SB 348, House Judiciary Committee, First Hearing

(starting at page 3) Mr. Norris H.B. #233, Mr. Gillmor S.B. #348. A doctor and an attorney testified against bills.

This concludes the first hearing of H.B. #233 and S.B. #348 in full committee.

Date: July 18, 1973
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter: Secretary and Chaiman of House Judiciary Committee
Link: Document (pdf)
size: 3 pages, 1.2 Mb

HB 233, SB 348, House Judiciary Committee, Second Hearing

(starting at page 2) Mr. Norris H.B. #233, Mr. Gillmor S.B. #348. Two Ohioans testified against bills. One spoke in support.

Roll was called and the bill was recommended for favorable passage and ordered reprinted by a vote of 11 to 2.

Date: July 24, 1973
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter: Secretary and Chaiman of House Judiciary Committee
Link: Document (pdf)
size: 3 pages, 1.5 Mb

S.B. 348 Bill File As reported by House Judiciary Committee, July 1973

House changes from one to two year separation. Senate Bill 348 showed one year separation, and House shows changes from their Judiciary committee.

Date: July 25, 1973
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: Reported, H.Judiciary
Link: Document (pdf)
size: 2 page, 470 Kb

S.B. 348 Bill File showing purpose as reported by House Judiciary Committee, July 1973

House changed Senate Bill from one to two years of separation. The defense of res judicator (a previous action by a court wherein a divorce had been refused to either of the parties) and recrimination (an act or acts by the party seeking the divorce, which would entitle the other party to a divorce) would not be available against this new cause for divorce while they ordinarily would be and are available to a party in a case brought on other grounds.

Date: July 25, 1973
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: Reported, H.Judiciary
Link: Document (pdf)
size: 1 page, 413 Kb

H.B. 233 Bill File as reported by the House Judiciary Committee, July 1973

Under the bill, if the spouses have been separated without cohabitation and without interruption for a period of two years, either party may apply for divorce. This is a new ground for divorce, and provides a nonadversary situation in contrast to the existing ground of willful absence of an adverse party for one year.

The second major change in the grounds for divorce under this bill , is in providing a nonadversary dissolution of marriage. …

ProFamilies Ohio Commentary: These legislators leave standing the law that abandonment is a crime; consequently, the parties who have been separated for two years would have been doing so in mutual agreement. Otherwise the abandoned party could seek recourse using criminal code (Ohio Law R.C. 2919.21).

Date: July 27, 1973
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: Reported by House Judiciary
Link: Document (pdf)
size: 2 pages, 774 Kb

H.B. 233 Bill Files as Passed by the House, Jan. 1974

Allows divorces to be granted after compete and uninterrupted separation of two years. Provides for the dissolution of marriage by the court if both spouses agree on all separation terms. Details conciliation procedures, premarriage counseling for minors, guidelines for determining child custody and child support and alimony payments. Does away with the defense to a divorce petition of condonation, collusion, and recrimination.

Date: January 10, 1974
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: As Passed by House
Link: Document (pdf)
size: 2 pags, 676 Kb

Remarks by State Rep. Norris on House Floor in Support of his Bill H.B. 233

… Now that kind of one-sided procedure offends my sense of justice — it took both parties to enter into the marriage, both should be involved in deciding whether to terminate it.>

… The “one-partner-at-fault” concept would be retained in a divorce action where there is a controversy between the parties on the question of divorce, child custody, property settlement, child support, or alimony; in other words, where one spouse wants to “contest” a divorce.

ProFamilies Ohio Commentary: This bill did not in any way attempt to amend or repeal the law specifying that to abandon one’s spouse is criminal (O.R.C. 2919.21).

Date: January 10, 1974
Source: House Republican Caucus
Publisher: OH House of Representatives
Presenter: Representative Alan E. Norris
Link: Document (pdf)
size: 6 pags, 1.9 Mb

Rep. Norris (sponsor H.B. 233) after bill passed House, on way to Senate

The “one-partner-at-fault” concept would be retained in divorce actions where there is a controversy between the parties on the question of divorce, child custody, property settlement, child support, or alimony. Under these circumstances the present adversary court procedure where the party seeking the divorce must show the other spouse is guilty of marital misconduct — i.e. prove “grounds” exist for a divorce — would be retained.

However, if both spouses agree on a divorce and reduce to writing their agreement on custody, property division, child support and alimony, under the proposal they could together petition the court for a “Dissolution of Marriage.”

… The proposal does include “no-fault” divorce in one situation where both parties have not agreed upon a divorce. It recommends addition of a new ground for divorce where divorce would be authorized when the parties have lived apart without cohabitation and without interruption for two years, whether or not either party is at fault.

ProFamilies Ohio Commentary: This bill did not in any way attempt to amend or repeal the law specifying that to abandon one’s spouse is criminal (O.R.C. 2919.21).

Date: January 11, 1974
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter: Rep. Alan E. Norris
Link: Document (pdf)
size: 3 pags, 938 Kb

Rep. Norris (sponsor H.B. 233) after bill passed House, on way to Senate

ProFamilies Ohio Commentary: This bill did not in any way attempt to amend or repeal the law specifying that to abandon one’s spouse is criminal (O.R.C. 2919.21).

Date: January 11, 1974
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter: Rep. Alan E. Norris
Link: Document (pdf)
size: 3 pags, 938 Kb

S.B. 348 Bill File As reported by House Judiciary Committee

(page three) Shows timeline from introduction in April 1973, to passed House in January 1974, to Senate concur., to House ammendments in January 1974.

Date: January 22, 1974
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: LCS
Link: Document (pdf)
size: 3 pages, 520 Kb

HB 348, Governor Signed into Law, Feb. 5, 1974

Governor signs law giving state authorization to end a marriage, on the application of either party, when husband and wife have lived separated for two years. A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.

Date: February 5, 1974
Source: Ohio Historical Society Library
Publisher: OH Secretary of State
Presenter: Governor John J. Gilligan
Link: Document (pdf)
size: 2 pages, 574 Kb

LSC Memorandum Norris re. HB 233, Modification of alimony decrees

This memorandum is in response to your request for information concerning the jurisdiction of a court to modify an alimony order.

Date: February 14, 1974
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: LSC
Link: Document (pdf)
size: 3 pages, 991 Kb

H.B. 233 Bill Fill as reported by the Senate Judiciary Committee, March 1974

Permits judicial dissolution of marriage if both spouses have agreed in writing to matters specified by statutes. … Authorizes the court to order 90-day conciliation effort in domestic relation cases.

Date: March 14, 1974
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: Reported by Senate Judiciary
Link: Document (pdf)
size: 4 pages, 1.5 Mb

Cleveland Bar Association asks Senate to fund Domestic Relations Courts

The board of county commissioners shall appropriate such sum of money each year as will meet all the administrative expenses of the court of domestic relations, including reasonable expenses of the domestic relations judge and such court counselors and other employees as he may designate to conduct the handling, servicing, and investigation of divorce, alimony and annulment cases…

Date: April 23, 1974
Source: Ohio Historical Society Library
Publisher: Other Correspondence
Presenter: Bar Association of Greater Cleveland
Link: Document (pdf)
size: 2 pages, 606 Kb

HB 348, Secretary of State’s Legislative Acts (chronology 73-74)

The chronological milestones of legislative acts are published by the Ohio Secretary of State. Full title is “The State of Ohio, Volume CXXXV, Legislative Acts (Excepting Appropriations Acts) Passed and Joint Resolutions Adopted by the One Hundred and Tenth General Assembly of Ohio, At Its Second Regular Session January 2, 1974 To December 10, 1974, Issued by Ted W. Brown Secretary of State. The National Graphics Corporation, Columbus, Ohio 43216, 1975.

The “Legislative Acts” shows the dates bill was introduced, sent to committee, reported, passed, voted, received from Senate, sent to Governor, approved, and effective date, etc..

Date: May 7, 1974
Source: Law Library
Publisher: OH Secretary of State
Presenter: Ted W. Brown, Secretary of State
Link: Document (pdf)
size: 2 pages, 618 Kb

LSC Memorandum Norris re. HB 233, May ‘74

The following are some considerations relating to H.B. 233. …Other minor changes … we have three possible interpretation of the meaning of the word “continuing” …

Date: May 20, 1974
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: LSC
Link: Document (pdf)
size: 4 pages, 1Mb

HB 233, Governor Signed into Law, June 24, 1974

Governor signs law giving spouses power to end their own marriages with marital dissolution (O.R.C. 3105.61). Each spouse acknowledges that he has voluntarily entered into the agreement to end their marriage (O.R.C. 3105.64).

Date: June 24, 1974
Source: Ohio Historical Society Library
Publisher: OH Secretary of State
Presenter: Governor John J. Gilligan
Link: Document (pdf)
size: 18 pages, 10.7 Mb

HB 233, Secretary of State’s Legislative Acts (chronology 73-74)

The “Legislative Acts” shows the dates bill was introduced, sent to committee, reported, passed, voted, received from Senate, sent to Governor, approved, and effective date, etc..

Date: September 23, 1974
Source: Law Library
Publisher: OH Secretary of State
Presenter: Ohio Secretary of State
Link: Document (pdf)
size: 1 page, 340 Kb

H.B. 233 Memorandum from Legislative Service Commission to Senator

Divorce proceedings in this state have been substantially revised by H.B. 233 which passed the Legislature this year and became effective September 23, 1974. The particular grounds for granting a divorce, including gross neglect and extreme cruelty, would still apply if a divorce was contested by one of the parties. Under the new dissolution of marriage sections, however, the spouses can obtain a dissolution of their marriage provided the spouse have agreed in writing to all relevant matters, including child custody, support, and visitation, and a division of their property.

… In the new law” […] “a court is given a method to delay a divorce proceeding if the court feels that there is some chance of reconciliation between the parties. A court, after a divorce proceeding has been initiated, may order the parties to submit to conciliation procedures for not more than 90 days.

Date: October 2, 1974
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: Legislative Service Commission, Charles Sell
Link: Document (pdf)
size: 2 pages, 504 Kb

H.B. 477 Bill Fill as reported by the Senate Judiciary Committee, Feb 1982

… modify this ground … lived separate … for on year without interruption (section 3105.01(K)

Date: February 17, 1982
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: Reported by Senate Judiciary
Link: Document (pdf)
size: 4 pages, 700 Kb

Ohio State Bar Association Family Law Committee Proposes Adding “Incompatibility Unless Denied” as Grounds for Divorce

[T]he majority of committee members still were not in favor of pure no-fault grounds in the State of Ohio (page 2, ¶1). … Secondly, the bill addresses the situation where the parties are in complete agreement that the marriage should end, but cannot settle the attendant issues such as child custody, support and division of property. H.B. 129 would permit the divorce to proceed and enable the court to resolve these ancillary issues (page 4, ¶ 3). NOTE, the publication date of document is unknown.

Date: September 1, 1988
Source: Ohio State Bar Association (forwarded from)
Publisher: OSBA Ohio State Bar Association
Presenter: Joel S. Moskowitz, Chairman, OSBA Family Law Committee
Link: Document (pdf)
size: 4 pages, 1.2 Mb

LSC letter to Rep. Tranter, re. Bill Proposed by Ohio Bar Association HB129

Enclosed, per your request, is a bill draft that would make certain revisions in the grounds for divorce as proposed by the Ohio State Bar Association Family Law Committee. Per your instruction, the bill draft would eliminate the following grounds for divorce; willful absence of the adverse party for one year; fraudulent contract; and habitual drunkenness. It would add incompatibility as a ground for divorce, unless denied by either party.

ProFamilies Ohio Commentary: The legislature never repealed the ground for divorce of “willful absence of the adverse party for one year.” The legislature also retained the longstanding law in Ohio that abandoning one’s spouse is a crime. House Bill 129, did eventually pass and “incompatibility” unless denied by the other party became a ground for divorce in Ohio.

Date: January 23, 1989
Source: Ohio Historical Society Library
Publisher: OH Legislative Service Commission BF, etc
Presenter: Legislative Service Commission, Research Attorney, Aida S. Jordan
Link: Document (pdf)
size: 1 page, 344 Kb

HB 129, 1st Committee Hearing Minutes, House Judiciary

He stated that this bill would add the incompatibility section. He introduced this bill at the request of the Ohio State Bar Association.

Mr. Robert A. Koblentz represneted the Ohio State Bar Association as a proponent. He stated that “incompaitbility” would allow the same ease as a dissolution, but with oug the 30 day waiting period required for adissolution. Also, this would reduce the level of bitterness. He also feels that eliminationg “habitual drunkenness” would be okay because other grounds cover this.

Questions were asked by member of the commitee and a brief discussion was held.

[preceding text] The last bill bt be hear today was House Bill 129, legislation sponsored by Rep. Terry M. Tranter. This was the first hering on this bill which concerns gounds for divorce.

Signed Secretary Stephen O. Williams.

Signed Terry M. Tranter, Chairmen of the Committee

Date: February 8, 1989
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter: House Judiciary and Criminal Justice Commitee
Link: Document (pdf)
size: 1 page, 479 Kb

HB 129, 2nd Committee Hearing Minutes, House Judiciary

Since there was no on persent to testify on this bill today, this constituted the second hearing.

[previous text] The last bill to be considered today was Houst Bill 129, legislation sponsored by Rep. TerryM. Tranter. This was the second hearing on this bill which concenrs grounds for divorce.

Signed Steven Williams, Secretary

Signed Terry M Tranter, Chairman

Date: February 15, 1989
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter: House Judiciary and Criminal Justice Commitee
Link: Document (pdf)
size: 1 page, 381 Kb

HB 129, 2nd Committee Hearing Minutes, House Judiciary

Since there was no one present to testify on this bill today, this constituted the second hearing.

[previous text] The last bill to be considered today was Houst Bill 129, legislation sponsored by Rep. TerryM. Tranter. This was the second hearing on this bill which concenrs grounds for divorce.

Signed Steven Williams, Secretary

Signed Terry M Tranter, Chairman

Date: February 15, 1989
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter:House Judiciary and Criminal Justice Commitee
Link: Document (pdf)
size: 1 page, 381 Kb

HB 129 Announcement 3rd Hearing, House Judiciary

Bills Scheduled to be Heard. Bill: H.B. 129. Sponsor: Tranter. Title: Grounds for Divorce. Status: 3rd Hearing.

Date: February 22, 1989
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter: Ohio House of Representatives
Link: Document (pdf)
size: 1 page, 172 Kb

HB 129, Final Hearing Minutes, Vote, House Judiciary Committee

By a vote of 13-1, the bill was favorably reported out at this time.

[previous text] The last bill to be heard today was House Bill 129, legislation sponsored by Representative Terry M. Tranter. This was the third h earin on this bill which concerns gounds for divorce.

Date: February 22, 1989
Source: Ohio Historical Society Library
Publisher: OH House of Representatives
Presenter: House Judiciary and Criminal Justice Commitee
Link: Document (pdf)
size: 2 pages, 639 Kb

HB 129, Signed into Law, May 26, 1989. Senate Judiciary reports to Senate Republicans

Ohio is not a “no-fault state,” and we do not want to move to that. If one party objects, the other would have to prove another ground.

[previous text] H.B. 129 (Tranter) Grounds for Divorce

A. Rep. Tranter-Sponsor

1. establishes incompatibility as grounds for divorce unless denied by either party

2. currently, when two parties which to divorce, the grounds of “neglect of duty” or a more serious charge must be used- -often, however, the reason is simply incompatibility.

3 bill originated from the Ohio State Bar Asso.

4. Questions

a. What does “unless denied by either party” mean?

1. Ohio is not a “no-fault state,” and we do not want to move to that. If one party objects, the other would have to prove another ground.

This bill was signed by the Governor on May 26, 1989. See page 3, Legislative Status Sheet 118 GA here)

Date: April 6, 1989
Source: Ohio Historical Society Library
Publisher: OH Senate
Presenter: Senate Judiciary Committee
Link: Document (pdf)
size: 6 pages, 2.1 Mb