(A) Either party to the marriage may file a complaint for divorce or for legal separation, and when filed the other may file a counterclaim for divorce or for legal separation. The court of common pleas may grant divorces for the causes set forth in section 3105.01 of the Revised Code . The court of common pleas may grant legal separation on a complaint or counterclaim, regardless of whether the parties are living separately at the time the complaint or counterclaim is filed, for the following causes:
(1) Either party had a husband or wife living at the time of the marriage from which legal separation is sought;
(2) Willful absence of the adverse party for one year;
(4) Extreme cruelty;
(5) Fraudulent contract;
(6) Any gross neglect of duty;
(7) Habitual drunkenness;
(8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(9) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(10) Incompatibility, unless denied by either party.
(B) The filing of a complaint or counterclaim for legal separation or the granting of a decree of legal separation under this section does not bar either party from filing a complaint or counterclaim for a divorce or annulment or obtaining a divorce or annulment.
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