Your spouses may be in despair about the possibility of improving your marriage, and thinks divorce is the solution to his/her marital woe.
If your spouse filed in the civil court for divorce, the he/she is a Plaintiff, and must allege grounds for divorce. If grounds for divorce exist, the legislators have given a divorce judge power to make orders about your children, your money, and your property. If grounds for divorce do not exist, the divorce case should be dismissed.
Be advised, if you voluntarily move out of the marital home to try to give your spouse emotional space, you are giving your spouse a lawful grounds for divorce once you are out for one year.
After receiving your copy of the complaint for divorce, you have your turn to provide your reply.
Statements Anyone Could Include in Answer to Divorce
I deny incompatibility, so this ground for divorce does not apply to our marriage (Ohio Revised Code (ORC) 3105.01(K))
The Plaintiff has chosen to be emotionally distant from me. I have never conducted myself in any way that was calculated permanently to destroy the peace and mind and happiness of the Plaintiff and render the marital relationship intolerable, so I am innocent of extreme cruelty (OCR 3105.01 (D).
I ask the judge to dismiss the case because no grounds for divorce exists.
In the future, I may submit a petition for conciliation in accord with ORC 3117.05, and petition to send us to experts that help couples in accord with ORC 3105.091. With the help of an experienced conciliation counselor, or reputable person to mediate, I am confident that the parties can be reconciled and happier than ever. I propose phone or Skype counseling with those from the [FILL IN THE BLANK]. I propose in-person counseling with a minister [NAMED].
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The Ohio Supreme Court
Ask for the Case to be Dismissed
The Supreme Court publishes template forms for pro-se litigants. Pro-se means you represent yourself without a lawyer. An answer to Complaint for Divorce wherein defendant asks case to be dismissed is available.
[Find form Number 10 or 11 HERE ]
I intend to uphold my substantive, lawful, contractual obligations of respect, fidelity, and support toward the Plaintiff. “Husband and wife contract towards each other obligations of mutual respect, fidelity, and support” (ORC 3103.01).
I have no plan to commit the first degree misdemeanor criminal offense against my spouse or children described by Ohio Revised Code, Crimes, Offenses Against the Family, ORC 2919.21(A)(1). I will not abandon my spouse or children. I have no plan to commit the crime of complicity wherein I aid, abet, or cause her to commit a criminal offense (ORC 2923.03(A)).
I intend to uphold my substantive, lawful obligations to which I promised to adhere as described in Ohio Revised Code 3101.08, [(OPTIONAL) when an ordained minister of our religious society solemnized out marriage in conformity with the rules of our church].