Your Dayton divorce lawyer explains that imprisonment of the defendant is a grounds for an Ohio divorce in the blog below. For a complete list of the Ohio causes for divorce in Ohio, please see http://codes.ohio.gov/orc/3105.01.
The eighth ground for Divorce in Ohio is the imprisonment of the adverse party. Ohio law only makes this ground available to the plaintiff, the party filing the divorce action. That is, the defendant must be the party who is incarcerated in a state or federal correctional institution at the time of the filing of the divorce complaint. There are no requirements concerning the length of the prison term or the possibility of release of the defendant.
It should be noted that an incarcerated defendant may seek to be transported from the institution to an in-court divorce hearing by filing a petition for a writ of habeas corpus ad testificandum. An incarcerated defendant has no absolute due process right to attend a divorce proceeding to which he is a party, however the issuance of a writ of habeas corpus ad testificandum is a matter within the trial court’s discretion. When considering an inmate defendant’s request, the Court is to consider the following nine factors: (1) whether the inmate’s request to be present at trial reflects something more than a desire to be temporarily freed from prison; (2) whether the inmate is capable of conducting an intelligent and responsive argument; (3) the cost and convenience of transporting the inmate to court; (4) any security risk posed by the inmate’s presence; (5) the substantiality of the litigated issues; (6) the need for resolution of those issues; (7) the possibility of delaying the trial until the prisoner is released; (8) the probability of success on the merits, and (9) the inmate’s interest in presenting evidence in person, rather than via deposition.
For more information about Ohio divorce, and/or to schedule a free consultation please contact your Dayton divorce law firm or a Dayton family lawyer, at Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to email@example.com or by telephone to (937) 436-0699.
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