Getting divorce should be serious decision

Published 12:00 am Sunday, May 9, 2010

DEAR LAWYER MARK: Like every one else these days, it seems like I’m also headed for divorce.

My wife and I don’t hate each other or anything. We just can’t agree on anything anymore.

Neither one of us has ever cheated on the other, and we don’t physically fight. We just have grown apart. I don’t really want to break up our marriage, and I would hate to leave the kids, but it’s just no fun being married now.

I’ve asked around and I’ve been told that you can get a divorce just on the fact that you are incompatible. Can you get a divorce just on those grounds? Thank you for your advice in the column each week, and double thanks for not publishing our names.

— INCOMPATIBLE IN IRONTON

Dear Incompatible:

While divorce seems so prevalent today, I and most attorneys who practice domestic relations law typically find it to be the area of law that causes the most pain and grief to everyone involved, including the lawyers.

Divorce cases are especially hard on everybody when children are involved. Whether or not people end their marriage is a personal decision. But it is a decision that should be made with at least as much thought and consideration as the choice to get married in the first place.

As to your question, incompatibility is a ground for seeking divorce listed in R.C. Section 3105.01, and can be used for the basis of a divorce action unless it is denied by either of the parties. That means that if you sue for divorce on the grounds of incompatibility alone, and your wife denies it in her answer, the court won’t let you get the divorce.

If you’re unsure about seeking a divorce, and are just sad about the current status of your marriage, I recommend you see a marriage counselor before you see a divorce lawyer.

It’s The Law is written by attorney Mark K. McCown. If you have a question, please forward it to Mark K. McCown, 311 Park Avenue, Ironton, Ohio 45638, or e-mail it to him at LawyerMark@yahoo.com. The right to condense and/or edit all questions is reserved.